Full text of "The revised code of laws of Illinois : enacted by the fifth General Assembly, at their session held at Vandalia, commencing on the fourth day of December, 1826, and ending the nineteenth of February, 1827 : published in pursuance of law."

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THE

REVISED CODE OF LAWS,

ENACTED BY THE FIFTH GENERAL ASSEMBLY,

AT THEIR SESSION HELD AT VANDALIA, COMMENCING ON THE
- FOURTH DAY OF DECEMBER, 1826, AND ENDING
THE NINETEENTH OF FEBRUARY,

1827.

PUBLISHED IjY PURSUANCE OF LA W>

VANDALIA:

Printed by Rob^pfclackwcll, Printer to the State.

CONTENTS.

PAGE.

ABATEMENT, - . - - 45

ACCOUNT, Actionof, ... 47

ADVERTISEMENTS, - ..... 48

ALIENS, ------- 49

AMENDMENTS AND JEOFAILS, - - - 50

APPRENTICES, - - - - - - 59

APPROPRIATIONS, - - - - 60

AUDITOR'S WARRANTS, .... 81

ARBITRATIONS, -64

ARTICLES OF CONFEDERATION, - - 5

ATTACHMENTS, 66

ATTORNEYS, 80

\BAIL, special, ,„-«-_ 82

BILLS OF EXCHANGE, 87

HL °

CHANCERY, 88

CONSTITUTION OF THE UNITED STATES, - 13

" ILLINOIS, 27

CONVEYANCES, - - - - 95

COSTS, WL - - . - - - 102

COUNTIES, I - - 107-18

COURTS, I- - - - - >, .- - 118-23

CRIMINAL CODE, 124

DEPOSITIONS, -4, - ■*. 174

DETINUE, action 0/, \ - - - - - 179

DIVORCES, - - ^\ - - - - - - 180

DOWER, - - - N* 186

■ E.

ELECTIONS, 187

ELECTORS, of President and Vice President. - - 108

ESTRAYS, - - - . . . 189

EVIDENCE, 199

EXECUTORS AND ADMINISTRATORS, 200

FERRIES, TOLL BRIDGES, &c. ... . 230

FEES, - »

it CONTENTS.

FORCIBLE ENTRY AND DETAINER, -. ^28

FRAUDS AND PERJURIES, .... - 230

FUGITIVES, from Justice, - - 232

GAMING, - - . . G' 235

HABEAS CORPUS, - 236

INJUNCTIONS, ------_. 306

ILLEGITIMATE CHILDREN, ..... 24*

JAILS AND JAILERS, - - - - . . - 246

JURORS, 251

JUSTICES of the Peace and Constables, - - - 255

LANDLORDS AND TENANTS, - 278

LAWS, - - 280

LLMITATIONS, - 28*

MANDAMUS, 287

MARRIAGES, * - 288

MILITIA, 290

MILLS AND MILLERS, ' ' - 297

MINORS AND ORPHANS, 301

NE EXEAT AND INJUNCTIONS, - - - 304

0. J

OATHS AND AFFIRMATIONS, , - 308

POOR, i: v 309

PRACTICE, - -310

PROMISSORY NOTES, - - - - 3 0

PUBLIC PROPERTY, - - - ^-~ I . 324

QUO WARRANTO, - - -/ - 347

R. Jf

REVENUE - - - _A - - - 325

ROADS, 340

REPLEVIN, action of ..... . . 349

RIGHT OF PROPERTY, - - - - 351

SALINE RESERVES, ------- 353

OF GALLATIN COUNTY, .... 3G0

SCHOOLS AND SCHOOL LANDS, - - 364

SHERIFFS AND CORONERS, * - - " - 370

STATE BANK, 376-7

STATE RECORDER, - - - - , 378

\ AND ALIA LOTS, ----- 380

UE, ........ 381

DECLARATION OF i^DEPENDENCE,

IN CONGRESS, JTJ&Y STH, 1776.

THE UNANIMOUS DECLARATION OP THE THIRTEEN UNITED STATES OF

AMERICA.

When, in the course of human events, it becomes necessary for
one people to dissolve the political hands which have connected them
with another, and to assume among the powers of the earth, the sepa-
rate and equal station to which the laws of nature and of nature's
God entitle them, a decent respect to the opinions of mankind re-
quires, that they should declare the causes which impel them to the
separation.

We hold these truths to be self-evident— that all men are created
equal; tint they are endowed by their Creator with certain unalien-
able rights; that among these are life, liberty, and the pursuit of hap-
piness. That, to secure these rights, governments are instituted
among men, deriving their just powers from the consent of the govern-
ed; that whenever any form of government becomes destructive of
these ends, it is the right of the people to alter or to abolish it, and to
institute new government, laying its foundation on such principles, and
organizing its powers in such form, as to them shall seem most likely
to effect their safety and happiness. Prudence, indeed, will dictate,
that governments long established should not be changed for light and
transient causes; and accordingly all expeiience hath shown, that
mankind are more disposed to suffer, while evils are sufFerable, than
to right themselves by abolishing the forms to which they are accus-
tomed. But when a long train of abuses and usurpations, pursuing
invariably the same object, evinces a design to reduce them under ab-
solute despotism, it is their right, it is their duty to throw off such
government, and to provide new guards for their future security.
Such lias been the patient sufferance of these colonies; and such is
now the necessity which constrains them to alter their former systems
of government. The history of the present king of Great Britain is a
history of repeated injuries and usurpations, all having in direct ob-
ject the establishment of an absolute tyranny over these states. To
prove this, let facts be submitted to a candid world.

He has refused his assent to laws the most wholesome and necessa-
ry for the public good.

He has forbidden his governors to pass laws of immediate and press-
ing importance, unless suspended in their operation, till his assent
1

2 DECLARATION OF INDEPENDENCE.

should be obtained, and, when so suspended, he has utterly neglect-
ed to attend to them.

He has refused to pass other laws for the accommodation of large
districts of people, unless those people would relinquish the right of
representation in the legislature — a right inestimable to them, and
formidable to tyrants only.

He has called together legislative bodies, at places unusual, un-
comfortable, and distant from the repository of their public records, for
the sole purpose of fatiguing them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing?
with manly firmness, his invasions on the rights of the people.

He has refused for a long time after such dissolutions, to cause
others to be elected; whereby the legislative powers, incapable of
annihilation, have returned to the people at large, for their exercise j
the state remaining, in the meantime, exposed to all the dangers of in-
vasion from without, and convulsions within.

He has eadeavored to prevent the population of these states; for
that purpose obstructing the laws for naturalization of foreigners; re-
fusing to pass others, to encourage their migration hither, and raising
the conditions of new appropriations of Jands.

He has obstructed the administration of justice, by refusing his as-
sent to laws for establishing judiciary powers.

He has made judges dependant on his will alone, for the tenure of
their offices, and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms
of officers to harass our people and eat out their substance.

He has kept among us, in times of peace, standing armies, without
the consent of our legislatures.

He has affected to render the military independent of, and superior
to, the civil power.

He has combined with other?, to subject us to a jurisdiction, foreign
to our constitution, and unacknowledged by our laws; giving his as-
sent to their acts of pretended legislation: —

For quartering large bodies of armed troops among us:

For protecting them by a mock trial, from punishment for any mur
ders which they should commit on the inhabitants of these states:

For cutting off our trade with all parts of the world:

For imposing taxes on us, without our consent:

For depriving us, in many cases, of the benefits of trial by jury:

For transporting us beyond seas, to be tried for pretended offences:

For abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and enlarg-
ing its boundaries so as to render it at once an example and tit instru-
ment for introducing the same absolute rule into these colonies:

For taking away our charters, abolishing our most valuable laws,
and altering fundamentally the forms of our governments:

For suspending our own legislatures, and declaring themselves in-
vested with power, to legislate for us in all cases whatsoever.

DECLARATION OF INDEPENDENCE. 3

He has abdicated government here, by declaring us out of his pro-
jection, and waging war against us.

He has plundered our seas, ravaged our coasts, burnt our towns,
and destroyed the lives of our people.

He is, at this time, transporting large armies of foreign mercenaries
to complete the works of death, desolation, and tyranny, already be-
gun, with circumstances of cruelty and perfidy, scarcely paralleled in
the most barbarous ages, and totally unworthy the head of a civilized
nation.

He has constrained our fellow-citizens, taken captive on the high
seas, to bear arms against their country* to become the executioners
of their friends and brethren, or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endea-
vored to bring on the inhabitants of our frontiers, the merciless Indian
savages, whose known rule of warfare is an undistinguished destruc-
tion of all ages, sexes and conditions.

In every stage of these oppressions we have petitioned for redress,
in the most humble terms: our repeated petitions have been answered
only by repeated injury. A prince, whose character is thus marked
by every act which may define a tyrant, is unfit to be the ruler of a
free people.

Nor have we been wanting in attention to our British brethren.
We have warned them, from time to time, of attempts, by their legis-
lature, to extend an unwarrantable jurisdiction over us. We have re-
minded them of the circumstances of our emigration and settlement
here. We have appealed to their native justice and magnanimity;
and we have conjured them, by the ties of our common kindred, to
disavow these usurpations, which would inevitably interrupt our con-
nexions and correspondence. They, too, have been deaf to the voice
of justice, and of consanguinity. We must, therefore, acquiesce in
the necessity, which denounces our separation, and hold them as we
hold the rest of mankind, enemies in war, in peace friends.

We, therefore, the representatives of the United Stales of America,
in general congress assembled, appealing to the Supreme Judge of the
world, fur the rectitude of our intentions, do, in the name and by the
authority of the good people of these colonies, solemnly publish and
declare, that these united colonies are, and of right ought to be, free
and independent states; that they are absolved from all allegiance to
the British crown, and that all political connexion between them and
the state of Great Britain, is, and ought to be, totally dissolved ; and
that as (vee and independent states, they have full power to levy war,
conclude peace, contract alliances, establish commerce, and to do all
other acts and things which independent states may of right do. And
for the support of this declaration, with a firm reliance on the pro-
tection of Divine Providence, we mutually pledge to each other, our
lives, our fortunes, and our sacred honor.

DECLARATION OF INDEPENDENCE.

The foregoing declaration was, by order of Congress, engrossed,
and signed by the following members:

JOHN HANCOCK.

James Smith,
George Taylor,
James Wilson,
George Ross.

NEW-HAMPSHIRE.

Josiah Bartlett,

William Whipple,
Matthew Thornton.

MASSACHUSETTS BAY.

Samuel Adams,
John Adams,
Robert Treat Paine,
Elbridge Gerry.

RHODE-ISLAND, &C.

Stephen Hopkins,
William Eileiv.

CONNECTICUT.

Roger Sherman,
Samuel Huntington,
William Williams,
Oliver Wolcott.

NEW-YORK.

William Floyd,
Philip Livingston,
Francis Lewis,
Lewis Morris.

NEW- JERSEY.

Richard Stockton,
John Witherspoon,
Francis Hopkinson,
John Hart,
Abraham Clark.

PENNSYLVANIA.

Robert Morris,
Benjamin Rush,
Benjamin Franklin,
Joiin Morto ;.
George Clymer,

DELAWARE.

Cesar Rodney,
George Rend,
Thomas M'Kean.

MARYLAND.

Samuel Chase,
William Paca,
Thomas Stone,
Charles Carroll, of Carrolltom

VIRGINIA.

George Wythe,
Richard Henry Lee,
Thomas Jefferson,
Benjamin Harrison,
Thomas Nelson, jr.
Francis Light foot Lee,
Carter Braxton.

NORTH-CAROLINA.

Wrilliam Hooper,
Joseph Hcwes,
John Penrt.

SOUTH-CAROLINA

Edward Rutlcdge,
Thomas Heyward,jr.
Thomas Lynch, jr.
Arthur Middleton.

GEOBGIAi

Button Gwinnett,
Lyman Hall,
George Walton.

AND PSBPBTUAXi UNION,

between the states of A'cw- Hampshire, Massachusetts-Bay, Rhode-Island
and Prowl e i tec Plantations, Connecticut, j\hv-York, J\hv- Jersey, Penn-
sylvania, Delaware, Maryland, Virginia, J\orth-Caro Una, South Caro-
lina, and Georgia,

ARTICLE I.

The style of this confederacy shall be, "the uxited states of

AMERICA."

ARTICLE II.

Each state retains its sovereignty, freedom and independence, and
every power, jurisdiction and right which is not by this confedera-
tion expressly delegated to the United States in Congress Assembled.

ARTICLE III.

The said states hereby severally enter into a firm league of friend-
ship with each other for their common defence, the security of their
liberties, and their mutual and general welfare; binding themselves
to assist each other against all force offered to, or attacks made upon
them, or any of them, on account of religion, sovereignty, trade or
any other pretence whatever.

ARTICLE IV.

The better to secure and perpetuate mutual friendship and inter-
course among the people of the different States in this Union, the
free inhabitants of each of these States (paupers, vagabonds and fu-
gitives from justice excepted) shall be entitled to all privileges
and immunities of free citizens in the several states; and the people
of each slate shall have free ingress and regress to and from any oili-
er state, and shall enjoy therein all the privileges of trade and com-
merce, subject to the same duties, impositions and restrictions,- as the
inhabitants thereof respectively, provided that such restriction shall
not extend so far as to prevent the removal of property imported into
into any state to any other state,of which the owner is an inhabitant:
Provided aho, That no imposition, duties or restriction, shall be laid
by any State on the property of the United States, or either of them.

If any person guilty of, or charged with treason, felony, or other
high misdimeanor, in any State, shall flic from justice, and be found
i'.i any of the United States, he shall, upon demand of the Governor,
orexecutive power of the State from wnich he tied, be delivered up,
and removed to the State, having jurisdiction of his offence.

b ARTICLES OF CONFEDERATION.

Full faith and credit shall be given in each of these States to the
records, acts and judicial proceedings of the courts and magistrates
of every other State.

article v.

For the more convenient management of the general interests of
the United States, delegates shall he annually appointed, in such
manner as the Legislature of each State shall direct, to meet in Con-
gress on the first Monday in November, in every year, with a power re-
served to each State, to recall its delegates, or any of them, at any
time within the year, and to send others in their stead, for the re-
mainder of the year.

No State shall be represented in Congress by less than two, nor by
more than seven members; and no person shall be capable of being a
delegate for more than three years in any term of six years; nor shall
any person, being a delegate, be capable of holding any office under
the United States, for which he, or another for his benefit, receives
any salary, fees, or emoluments of any kind.

Each State shall maintain its own delegates in a meeting of the
States, and while they act as members of the committee of the States.

In determining questions in the United States in Congress assem-
bled, each State shall have one vote.

Freedom of speech, ard debate in Congress, shall not be impeached
or questioned in any court or place out of Congress; and the mem-
bers of Congress shall be protected in their persons from arrests
and imprisonments, dining the time of their going to and from, and
attendance on Congress, except for treason, felony, or breach of the
peace.

ARTICLE VI.

No State, without the consent of the United States in Congress as-
sembled, shall send any embassy to, or receive any embassy from, or
enter into any conferrence, agreement, alliance or treaty with any
King, Prince or State ; nor shall any person, holding any office of pro-
fit or trust under the United States, or any of them, accept of any
present, emolument, office, or title of any kind whatever, from any
King, Prince or foreign State; nor shall the United States in Congress
assembled, or any of them, grant any title of nobility.

No two or more States shall enter into any treaty, confederation or
alliance whatever between them, without the consent of the United
States in Congress a-sembled, specifying accurately the purposes for
which the same i> to be entered into, and !)<>\v long it shall continue.

No State shall lay any imposts or duties, which may interfere with
any stipulations in treaties entered into by the United Slates in Con-
gress assembled, with any kin^r, prince orstate, in pursuance of ahy trea-
ties already proposed bvCon^rcsr to the Courts of France and Spain*

No vessels of war shall be kept up in tsmc: of peace by any State,
pt such number only as shall be deemed necessary by the United

ARTICLES OF CONFEDERATION. 7

States in Congress assembled, for the defence of such State, or its
trade; nor shall any body of forces be kept up by any State in time
of peace, except such number only as, in the judgment of the United
States in Congress assembled, shall be deemed requisite to garrison
the forts necessary for the defence of such State; but every State shall
always keep up a well regulated and disciplined militia, sufficiently arm-
ed and accoutred, and shall provide, and have constantly ready for
use, in public stores, a due number of field pieces and tents, and a
proper quantity of arms, ammunition and camp equipage.

No State shall engage in any war without the consent of the United
States in Congress assembled, unless such state be actually invaded by
enemies, or shall have received certain advice of a resolution being
formed by some nation of Indians to invade such State, and the dan-
ger is so imminent as not to admit of a delay till the United States in
Congress assembled can be consulted ; nor shall any state grant commis-
sions to any ships or vessels of war, nor letters of marque or reprisal,
except it be after a declaration of war by the United States hi Con-
gress assembled; and then only against the Kingdom or State, and the
subjects thereof, against which war has been so declared, and under
such regulations as shall be established by the United States in Con-
gress assembled; unless such State be infested by pirates; in which
case, vessels of war may be fitted out for that occasion, and kept so
long as the danger shall continue, or until the United States in Con-
gress assembled, shall determine otherwise.

ARTICLE VII,

When land forces are raised by any State for the common defence,
all officers of, or under the rank of Colonel, shall be appointed by the
Legislature of each State respectively, by whom such forces shall be
raised, or in such manner as such State shall direct ; and ail vacancies
shall be tilled up by the State which first made the appointment.

ARTICLE VIII.

All charges oC war and all other expenses that shall be incurred
for the common defence, or genera! welfare, and allowed by the United
States in Congress assembled, shall be defrayed out of a common trea-
sury, which shall be supplied by the several States, in proportion to
the value of all land within each State granted to, or surveyed for,
any person, as such land, and the buildings and improvements there-
on, shall be estimated according to such mode as the United States in
Congress assembled shall, from time to time direct and appoint.

The taxes for paying that proportion shall be laid and levied by
the authority and direction of the Legislatures of the seven;! States,
within the time agreed upon by the United States in Congress assen>
aled.

ARTICLES OF CONFEDERATION.

ARTICLE IX.

The United States in Congress assembled, shall have the sole and
exclusive right and power of determining on peace and war, ex-
cept in the cases mentioned in the sixth article — of sending and re-
ceiving ambassadors — entering into treaties and alliances: Provided,
That no treaty of commerce shall be made, whereby the Legislative
power of the respective States shall be restrained from imposing such
imposts and duties on foreigners, as their own people are subjected to,
or from prohibiting the exportation or importation of any species of
goods or commodities whatsoever — of establishing rules fur deciding,
in all cases, what captures on land or water shall be legal, and in
what manner prizes taken by land or naval forces in the service
of the United States shall be divided or appropriated— of granting
letters of marque and reprisal in times of peace — appointing courts
for the trial of piracies and felonies committed on the high seas, and
establishing courts for receiving and determining finally appeals in all
cases of captures: Provided, That no member of Congress shall be ap-
pointed a judge of any of the said Courts.

The United States in Congress assembled, shall also be the last re-
sort on appeal in all disputes and differences now subsisting, or that
"hereafter may arise between two or more Slates, concerning bounda-
ry, jurisdiction, or any other cause whatever; which authority shall
always be exercised in the manner following: — Whenever the legisla-
tive or executive authority, or lawful agent of any state in controversy
with another, shall present a petition to Congress, stating the matter
in question, and praying for a hearing, notice thereof shall be given
by order of Congres* to the legislative or executive authority of the
other state in controversy, and a day assigned for the appearance of
the parties by their lawful agents, who shall then be directed to ap-
point, byjoint consent, commissioners or judges to constitute a court
for hearing and determining the matter in question; but if they can-
not agree, Congress shall name three persons out of each of the Uni-
ted States, and from the list of such persons each party shall alternate-
ly strikeout one, the petitioners beginnirg, until t\\c number shall be
reduced to thirteen; and from that number not less than scvA nor
more than nine names, as Congress shall direct, shall in sence

of Congress be drawn out by lot; and the person^ tfhosc names shall
be so drawn, or any five of them, shall be commit sioners or judges to
hear, and finally determine the controversy, so always as a major part
of the judges, who shall hear the cause, shall agree in the determina-
tion; and if either party shall neglect to attend at the day appointed,
without shewing reasons which Congress shall judge sufficient, or be-
ing present shall refuse to strike, the Congress shall proceed to nomi-
nate three persons out of each state, and the Secretary of Congress
shall strike in behalf of such party absent or refusing; and the judg-
ment and sentence of the court, to be appointed in the manner before
prescribed, shall be final and conclusive ; and if an) of the parties

ARTICLES OF CONFEDERATION. 9

shall refnse to submit to the authority of such court, or to appear or
,(1 their claim or cause, the court shall nevertheless proceed to
pronounce sentence or judgment, which shall, in like manner be final
and derisive, the judgment or sentence and otner proceedings, being
in cither case transmitted to Congress, and lodged among the acts of
Congress, for the security of the parties concerned: Provided, That
v commissioner, before he sits in judgment, shall take an oath, to
be administered by one of the judges of the supreme or superior
court of the State where the cause shall be tried, "well and truly to
hear and determine the matter in question, according to the best of
his judgment, without favor, affection or hope of reward:" Provided
also. Tnat no State shall be deprived of territory for the benefit of
the United States.

All controversies concerning the private right of soil, claimed un-
der different grants of two or more states, whose jurisdiction, as they
may respect such lands and the states which passed such grants, are
adjusted, the said grants or either of them being at the same time
claimed to have originated antecedent to such settlement of jurisdic-
tion, shall, on the petition of either party to the Congress of the Uni-
ted States, be finally determined, as near as may be, in the same man-
ner as is before prescribed for deciding disputes respecting territorial
jurisdiction between different states.

The United States in Congress assembled shall also have the sole
and exclusive right and power of regulating the alloy and value of
coin struck by their own authority, or by that of the respective states;
fixing the standard of weights and measures throughout the United
States; regulating the trade and managing all affairs with the Indians,
not members of any of the states: Provided, That the legislative right
of any state within its own limits be not infringed or violated — estab-
lishing and regulating post-offices from one state to another through-
out all the United States, and exacting such postage on the papers
passing through the same as may be requisite to defray the expenses
of the said office — appointing all officers of the land forces in the ser-
vice of the United States, excepting regimental officers — appointing
all the officers of the naval forces, and commissioning all officers what-
ever in the service of the United States — making rules for the govern-
ment and regulation of the said land and naval forces, and directing
their operations.

The United States in Congress assembled, shall have authority to
appoint a committee, to sit in the recess of Congress, to be denomina-
ted "Jl committee of the states," and to consist of one delegate from
each state; and to appoint such other committees arid civil officers, as
may be necessary, for managing the general affairs of the United
States under their direction — to appoint one of their number to pre-
side, Provided, That no person be allowed to serve in the office of
president, more than one year in any term of three years; to ascer-
tain the necessary sums of money to be raised for the service of the
United States, and to appropriate and apply the same for defraying
2

10 ARTICLES OF CONFEDERATION.

the public expenses — to borrow money, or emit bills on the credit of
the United States, transmitting every half year to the respective
states, an account of the sums of money so borrowed or emitted — to
build and equip a navy— to agree upon the number of land forces,
and to make requisitions from each state for its quota, in proportion to
the number of white inhabitants in such state; which requisitions
shall be binding, and thereupon the legislature of each state shall ap-
poi it the regimental officers, raise the men, and clothe, arm and
equip them in a sol Jier-like manner, at the expense of the United
States; and the officers and men, so clothed, armed and equiped,
shall march to the place appointed, and within the time agreed on
bv the United States in Congress assembled, but if the United States
in Congress assembled, shall, on consideration of circumstances^
judge proper that any State should not raise men, or should raise a
smaller number than its quota, and that any other state should raise
a greater number of men than the quota thereof, such extra number
shall be raised, officered, clothed, armed and equipped, in the same
manner as the quota of such state, unless the legislature of such
S'ate shall judge, that such extra number cannot be safely spared
out of the same; in which case, they shall raise, officer, clothe, arm
and equip, as many of such extra number, as they judge can be safely
spared; and the officers and men, so clothed, armed and equipped,
shall march to the place appointed, and within the time agreed on
by the United States in congress assembled.

The United States in congress assembled, shall never engage in a
war, nor grant letters of marque and reprisal, in time or peace, nor
eriterintoany treaties or alliances, nor coin money, nor regulate the val-
ue thereof, nor ascertain the sums and expenses necessary for the de-
fence and welfare of the United States, or any of them, nor emit bills,
nor borrow money on the credit of the United States, nor appropriate
money, nor agree upon the number of vessels of war to be built or
purchased, or the number of land or sea forces to be raised, nor ap-
point a commander in chief of the army or navy, unless nine states
assent to the same ; nor shall a question on any other point, except for
adjourning from day to day, be determined, unless by the votes of a
majority of the United States in Congress assembled.

The Congress of the United States shall have power to adjourn to
any time within the year, and to anyplace within the United States,
so that no period of adjournment be for a longer duration than the
space of six months; and shall publish the journal of their proceedings
monthty, except such parts thereof, relating to treaties, alliances, or
military operations, as in their judgment reqsire 6ecrecy; and the
yeas and nays of the delegates of each state on any question shall be
entered on the journal, when it is desired by any d<-l< gate,; and the
delegates of a state, or any of them, at his or their request, shall be
furnished with a transcript of the said journal, except such parts as
are above excepted, to lay before the legislatures of the several states.

ARTICLES OF CONFEDERATION. 11

ARTICLE X.

The committee of the states, or any nine of them, shall be author-
ised to execute, in the recess of Congress, such of the powers of Con-
gress as the United States in Congress assembled, by the consent of
nine states, shall from time to time, Chink expedient to vest them -with;
provided that no power be delegated to the said committee, for the
exercise of which, by the articles of confederation, the voice of nine
states in the Congress of the United States assembled is requisite.

ARTICLE XI.

Canada, acceding to this confederation, and joining in the measures
of the United States, shall be admitted into, and entitled to, all
the advantages of this union: but no other colony shall be admitted
into the same, unless such admission be agreed to by nine states.

ARTICLE xn.

All bills of credit emitted, moneys borrowed, and debts contracted,
by or under the authority of Congress, before the assembling of the
United States, in pursuance of the present confederation, shall be
deemed and considered as a charge against the United States, for pay-
ment and satisfaction whereof, the said United States and the public
faith are hereby solemnly pledged.

ARTICLE XIII.

Every state shall abide by the determination of the United States
in Congress assembled, on all questions which, by this confederation,
arc submitted to them. And the articles of this confederation shall
be inviolably observed by every state, and the union shall be perpet-
ual; nor shall any alteration at any time hereafter, be made to any
of them, unless such alteration be agreed to in a Congress of the
United Stales, and be afterwards confirmed by the legislature of eve-
ry state.

And whereas, it has pleased the Great Governor of the world to in-
cline the hearts of the legislatures we respectively represent in Con-
gress, to approve of, and to authorise us to ratify the said articles of
deration and perpetual union: Know ye, That we the under-
1 delegates, by virtue of the power and authority to us given
for that purpose, do. by these presents, in the name and in behalf of
our respective constituents, fully and entirely ratify and confirm each
and every of the said articles of confederation and perpetual union,
and a!, and singular the matters and things therein contained; and we
do further solemnly plight and engage the faith of our respective con-
stituents; that they shall abide by the determinations of the United
States in Congress assembled, on all questions which, by the saidcon-

12 ARTICLES OF CONFEDERATION.

federation, are submitted to them; and that the articles thereof, shall
be inviolably observed by the States we respectively represent; and
that the union shall be perpetual.

In witness whereof, we have hereunto set our hands, in Congress,
Done at Philadelphia, in the state of Pennsylvania, the ninth
day of July, in the year of our Lord one thousand seven hun-
dred and seventy-eight, and in the third year of the Indepen-
dence of America.
On the part and behalf of the state of New-Hampshire.
Josiah Bartlett, John Wentworth, jr. Aug. 8, 1778.

On the part and behalf of the slate of Massachusetts Bay.
John Hancock, Francis Dana,

Samuel Adams, James Lovell,

Elaridge Gerry, Samuel Holtcn.

On the part and behalf of the state of Rhode Island and Providence

Plantations.
William Ellcry, John Collins.

Henry Marchant,

On the part and behalf of the state of Connecticut.
Roger Sherman, Titus Hosmer,

Samuel Huntington, Andrew Adams.

Oliver Wolcott,

On the pari and behalf of the state of New-York.
Jas. Duane, VVm. Duer,

Fia. Lewis, Gouv. Morris.

On the part and behalf of the state of New-Jersey.
Jno. Witherspoon, * Nath. Scuclticr, Nov. 26, 1770.

On the part and behalf of the state of Pennsylvania.
Robt. Morris, William Clir.gan,

Daniel Roberdean, Joseph Reed, 22d July, 1778

Jona. Bayard Smith,

On the part and behalf of the state of Dela\
Thos. M'Kean, Feb. 13, 1779, Nicholas Van Dyke,
John Dickinson, May 5th, 1779.

On the part and behalf of the stole of Maryland*
John Hanson, March .,1781, Daniel Carrel,

On the pari and behalf of the state of Virginia.
Richard Henry Lee, Jno. Harviej

John Banister, Francis Lightfoot Lee.

Thomas Adams,

On the p-:rt and behalf of the slate of Norlh-C
John Penn, July 21st, 1778, ' Jno. Williams.
Corns. Harnett,

On the part and behalf of the state of Soiith-d \
Henry Laurens; Richard Huts

William Henrv Drayton, Thomas Hcyward, juo.

CONSTITUTION OF THE UNITED STATES. U

On the pari and behalf of the state of Georgia,
Jno. Walton, 24th July, 1778, Edwd. Langworthy.
Edwd. Telfair,

[Note.— From the circumstance of delegate? from the same state
having signed the articles of confederation at different times, as ap-
pears by the dates, it is probable they affixed their names as they hap-
pened to be present in Congress, after they had been authorised by
their constituents.]

CONSTITUTION OP TZIS UNITED STATES.

We, the people of the United States, in order to form a more per-
feet union, establish justice, ensure domestic tranquility, provide for
the common defence, promote the general welfare, and secure the
Wessingsof liberty to ourselves and our posterity, do ordain and es-
tablish this constitution for the United States of America.

ARTICLE I.

SECTION 1.

1. All legislative powers herein granted, shall be vested io a con-
gress o( the United States, which shall consist of a senate and house
of representatives.

section 2.

t. The house of representatives shall be composed of members
chosen every second year, by the people of the several states; and
the electors in each state shall have the qualifications requisite for
electors of the most numerous branch of the state legislature.

2. No person shall be a representative, who shall not have attained
to the aqe of twenty-five years, and been seven years a citizen of the
United States, and who shall not, when elected, be an inhabitant of
that state in which he shall he chosen.

3. Representatives and direct taxes shall be apportioned among the
Several states which maybe included within this union, according to
their respective numbers, which shall he determined by adding to the
whole number of free persons, including those bound to service for a
term of years, and excluding Indian:; not laxed, three fifths of ail ether

sons. The actual enumeration shall he made within three years
after the first meeting of the congress of the United State:, and with-
in every subsequent term of ten years, in such manner as they shall
by law direct. The number of representatives shall not exceed one
for every thirty thousand, but each state shall have at least one rep:
rescntative: and until such enumeration shall be made, the state of
Kfw-H mpskHre shall be entitled to choose three; Massachiisrtts* eight;
Rhode-Island and Providence Plantations, one; Connecticut, five; JVen~

*»*

14 CONSTITUTION OF THE UNITED STATES.

York, six; New-Jersey, four; Pennsylvania, eight; Delaware, one; Ma-
ryland, six; Virginia, ten; MrtjJCarolina, five; 'South- Carolina, five;
and Georgia, three.

4. When vacancies happen in the representation from any state,
the executive authority thereof shall issue writs of election to fill
such vacancies.

5. The house of representatives shall choose their speaker and oth-
er officers, and shall have the sole power of impeachment.

section 3.

1. The senate of the United States shall be composed of two sena-
tors from each state, chosen by the legislature thereof, for six years;
and each senator shall have one vote.

2. Immediately after they shall be assembled in consequence of
the first election, they shall be divided, as equally as may be, into
three Masses. The seats of the senators of the first class, shall be
vacated at the expiration of the second year, of the second class, at
the expiration of the fourth year, and of the third class at the ex-
piration of the sixth year, so that one third may be chosen every
second ivear; and if vacancies happen by resignation or otherwise,
duringlthe recess of the legislature of any state, the executive there-
of may! make temporary appointments until the next meeting of the
legislature, which shall then fill such vacancies.

3. .IN(o person shall be a senator, who shall not have attained to the
age of thirty years, and been nine years a citizen of the United
StatesJand who shall not, when elected, be an inhabitant of that state
for which he shall he chosen.

4. The vice-president of the United States shall be president of
the senate; but shali have no vote, unless they be equally divided.

5. The senate shall choose their othef officers, and also i president
pro tempore, in the absence of the vice-president, or when he shali
exercise the office of president of the United States.

G. The senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation.
When the president of the United States is tried, the chief justice
shall preside; and no person shall he convicted without the concur-
rence of two thirds of the members present.

7. Judgment, id cases of impeachment, shall not extend further than
to removal frow» office, and disqualification to hold and enjoy any of-
fice of honor, trust, or profit, under the United States; but the party
convicted shall, nevertheless, be liable and subject to indictment, trial,
judgment, and punishment, according to law.

SECTION 4.

1. The times, places, and manner of holding elections for senators
ahd representative^ shall be prescribed in each state, by the legisla-
irc thereof ; but the congress may, at any time, by law. make or a!-

CONSTITUTION OF THE UNITED STATES. \b

ter such regulations, except as to the places of choosing senators.

2. The congress shall assemble at least once in every year, and
9uch meeting shall be on the iirst Monday ia December, unless they
shall by law appoint a different day.

section 5.

1. Each house shall he the judge of the elections, returns, and
qualifications, of its own members; and a majority of each shall con-
stitute a quorum todo business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance
of absent members, in such manner, and under such penalties, as each
house may provide.

2. Each house mayr determine the rules of its proceedings, punish
its members for disorderly behaviour, and, with the concurrence of
two thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may, in their
judgment, require secrecy ; and the yeas and nays of the members of
either bouse on any question, shall, at the desire of one fifth of those
present, be entered on the journal.

4. Neither house, during the session of congress, shall, without the
cot sent of the other, adjourn for more than three days, nor to any
other place than that in which the two houses shall be sitting.

section 6.

1. The senators and representatives shall receive a compensation
for their services, to be ascertained by law, and paid out of the trea-
sury of the United States. They shall, in all cases, except treason,
felony and breach of the peace, be privileged from arrest, during their
attendance at the session of their respective houses, and in going
to or returning from the same; and for any speech or debate in eithr
3r house, they shall not be questioned in any other place.

2. No senator or representative shall, during the lime for which he
was elected, be appointed to any civil office under the authority of
the United States, which shall have been created, or the emoluments
whereof shall have been increased, during such time; and no person
holding any office under the United States, shall be a member of eith-
er house, during his continuance in office.

section 7.

1. All hills for raising revenue shall originate in the house of rep?
resentativeaj but the senate may propose or concur with amendments
as on other bills.

2. Every bill, which shall have passed thehou-eof representatives
and the senate, shall, before it becomes a law, be presented to the pre-

16 CONSTITUTION OF THE UNITED STATES.

sidentof the United States; if be approve he shall sign it; but if not,
he shall return it, with his objections, to that house in which it shall
have originated, who shall enter the objections at large on their jour-
nal, and proceed to reconsider it. U, after such reconsideration, two
thirds of that house shall agree to pass the bill, it shall he sent, togeth-
er with the objections, to the other house, by which it shall likewise
be re-considered, and if approved by two thirds of that house, it shall
become a law. But in all such cases the votes of both houses, shall
be determined by yeas and nays; and the names of the persons voting
for and against the bill, shall be entered on the journal of each house
respectively. If any bill shall not he returned, by the president,
Within ten days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if he had signed it,
unless the Congress, by their adjournment, prevent its return; in
which case it shall not he a law.

3. Every order, resolution, or vote, to which the concurrence of
the senate and house of representatives mav be necessary, (except on
a question of adjournment,) shall be presented to the president of
tbe United States; and before the same shall take effect, shall heap-
proved by him, or being disapproved by him, shall be repassed by two
thirds of the senate and house of representatives, according to the
rules and limitations prescribed in the case of a bill.

SECTION 8.

The Congress shall have power —

1. To lay and collect taxes, duties, imposts, and excises; to pay
the debts and provide for the common defence and general welfare
of the United States; but all duties, imposts, and excises, shall he
uniform throughout the United States:

2. To borrow money on the credit of the United Statrs:

3. To regulate commerce with foreign nations, and among the sev-
eral states, and with the Indian tribes:

4. To establish an uniform rule of naturalization, and uniform laws
on the subject of bankruptcies throughout the United States:

5. To coin money, regulate the value thereof, and of foreign coin?
and fix the standard of weights and measures:

6. To provide for the punishment of counterfeiting the securities
and current coin of the United States:

7. To estaolish post offices and post roads:

3. To promote the progress of science and useful art-, by s^urmer,
for limited times, to authors and inventors, the exclusive right to their
respective writings and discoveries:

9. To constitute tribunals inferior to the supreme court: To define
and punish piracies and felonies committed on the high seas, and of-
fences against the law of nations:

10. To declare war, grant letters of marque and reprisal, and make
rules concerning capture^ on land and water:

CONSTITUTION OF THE UNITED STATES. 17

11. To raise and support armies; but do appropriation of money to
that use, shall be for a longer term tban two years:

12. To provide and maintain a navy:

13. To make rules for the government and regulation of the land
and naval forces:

14. To provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions:

15. To provide for organizing, arming, and disciplining the militia,
and for governing such part of them as may be employed in the ser-
vice of the United States, reserving to the states respectively, the ap-
pointment of the officers, and the authority of training the militia ac-
cording to the discipline prescribed by congress:

16. To exercise exclusive legislation in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by cession of
particular states, and the acceptance of congress, become the seat of
government of the United States, and to exercise like authority over
all places purchased, by the consent of the legislature of the state in
which the same rhail be, for the erection of forts, magazines, arsenals,
dock-yards, and other needful buildings: — and,

17. To make all laws which shall be necessary and proper for car-
rying into execution the foregoing powers, and all other powers vest-
ed by this constitution in the government of the United States, or in
any department or officer thereof.

section 9.

1. The migration or importation of such persons as any of the states
now existing shall think proper to adrmt, shall not be prohibited by the
congress prior to the year one thousand eight hundred and eight, but
a tax or duty may be imposed on such importation, not exceeding
ten dollars for each person.

2. The privilege of the writ of habeas corpus shall not be suspend-
ed, unless when, in cases of rebellion or invasion, the public safety
may require it.

3. No bill of attainder, or ex post facto law, shall be passed.

4. No capitation or other direct tax shall be laid, unless in propor-
tion to the census or enumeration herein before directed to be taken,

5. No tax or duty shall he laid on articles exported from any state,
reference shall be given by any regulation of commerce or reve-
nue to the ports of one state over those of another: nor shall vessels
bound to or from one state be obliged to enter, clear, or pay duties in
another.

6. No money shall be drawn from the treasury, but in consequence
of appropriations made by law: and a regular statement aad account
of the receipts and expenditures of all public money, shall be publish-
ed from time to time.

7. No title of nobility shall be granted by the United States, and
no person holding any office of profit or trust under them, shall, with'

W CONSTITUTION OF THE UNITED STATES.

out the consent of the congress, accept of any present, emolument,
office, or title of any kind whatever, from any king, prince, or foreign

section 10.

1. No state shall enter into any treaty, alliance or confederation;
grant letters of marque and reprisal; coin money ; emit bills of credit;
make any thing but gold and silver coin a tender in payment of debts;
pass any biH of attainder, ex post facto law, or law impairing the ob-
ligation of contracts; or grant any title of nobility.

2. No state shall, without the consent of the congress, lay any im-
posts or duties on imports or exports, except what may be absolutely
necessary for executing its inspection haws; and the net produce of
all duties and imposts, laid by any state on imports or exports, shall
"be for the use of the treasury of the United States, and all such laws
shall be subject to the revision and control of the congress. No state
shall, without the consent of congress, lay any duty of tonnage, keep
troops or ships of war in time of peace, enter into any agreement or
compact with another state or with a foreign power, or engage in war,
unless actually invaded, or in such imminent danger as will not admit
of delay.

ARTICLE II.

SECTION 1.

t. The executive power shall be vested in a president of the Uni-
ted States of America. He shall hold his oiiice during the term of
four years, and, together with the vice president, chosen for the same
-term, be elected as follows:

2. Each state shall appoint, in such manner as the legislature there-
of may direct, a number of electors, equal to the whole number of
senators and representatives to which the state may be entitled in the
congress; but no senator or representative, or person holding an
office of trust or profit under the United States, shall be appointed an
elector.

3. The electors shall meet in their respective states, and vote by
ballot for two persons, of whom one at least shall not ho an inhabi-
tant of the same state with themselves. And they shall make a list
of all the persons voted for, and of the number of votes for each;
which list they shall sign and certify, and transmit sealed to the seat
of government of the United States, directed to the president of the
senate. The president of the senate shall, in the presence of the sen-
ate and house of representatives, open all the certificates, and the
vota5 shall then be counted. The person having the greatest number
of votes shall be the president, if such number be a majority of the
whole number of electors appointed; and if there be more than one
who have such majority, and have an equal number of votes, then the
house of representatives shall immediately choose, by ballot, one of

CONSTITUTION OF THE UNITED STATES. 13

ihcm for president; and if no person have a majority, then from the
five highest on the list, the said house shall, it» like manner choose
the president. But in choosing the president, the votes shall be ta»
ken by states, the representation from each state having; one vote: a
quorum for this purpose shall consist of a member or members from
two-thirds of the stale-, and a majority of all the states shall be neces-
sary to a choice. In every case, after the choice of the. president, the
person having the greatest number of votes of the electors, shall be
the vice president. But if there should remain two or more who have
equal votes, the senate shall choose from them, by ballot, the vice
president.

4. The congress may determine the time of choosing the electors*,
and the day on which they shall give their votes; which day shall be
the same throughout the United States.

5. No person, except a natural born citizen, or a citizen of the U-
nited States at the time of the adoption of this constitution, shall be
eligible to the office of president; neither shall any person be eligible
to that office, who shall not have attained to the age of thirty-five

ears, and been fourteen years a resident within the United States.
G. In case of the removal of the president from office, or of his
death, resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the vice president, and the
congress may, by law, provide for the case of removal, death, resigna-
tion, or inability, both of the president and vice president, declaring
what officer shall then act as president, and such officer shall act ac-
cordinglv, until the disability be removed, or a president shall be
elected/

7. The president shall, at stated times, receive for his services a
compensation, which shall neither be increased nor diminished during
the period for which he shall have been elected, and he shall nut re-
ceive within that period any other emolument from the United States,
or any of them.

8. Before he enters on the execution of his office, he shall take the
following oath or affirmation:

9. "I do solemnly swear (or affirm) that I will faithfully execute the
office of president of the United States, and will, to the best of my
ability, preserve, protect, and defend the constitution of the United
Spates."

SECTION 2.

1. The president shall be commander in chief of the army and na-
vy of the United States, and of the militia of the several states, when
i into the actual service of the United States. He may require
pinion, in writing, of the principal officer in each of the execu-
tive departments, upon any subject relating to the duties of their re-
spective offices; and he shall have power to- grant reprieves and par-
dons, for offerees against the United States, except in cases of im-
peachment.

20 CONSTITUTION OF THE UNITED STATES.

2. He shall have power, by and with the advice and consent of the
senate, to make treaties, provided, two-thirds of the senators present
concur: and he shall nominate, and by and with the advice and con-
sent of the senate, shall appoint ambassadors, other public ministers
and consuls, judges of the supreme court, and all other officers of the
United States, whose appointments are not herein otherwise provided
for, and which shall be established by law. But the congress may, by
law, vest the appointment of such inferior officers, as they think pro-
per, in the president alone, in the courts of law, or in the heads of de-
partments.

3. The president shall have power to fill up all vacancies, that, may
happen, during the recess of the senate, by granting commissions,
which shall expire at the end of their next session.

section 3.

1. He shall, from time to time, give to the congress information of
the state of the union; and recommend to their consideration such
measures as he shall judge necessary and expedient. He may, on
extraordinary occasions, convene both houses, or either of them, and
in case of disagreement between them, with respect to the time of ad-
journment, he may adjourn them to such time as he shall think pro-
per. He shall receive ambassadors and other public ministers. He
shall take care that the laws be faithfully executed ; and shall commis-
sion ail the officers of the United States.

SECTION 4.

1. The president, vice-president, and all civil officers of the United
States, shall be removed from office, on impeachment for, and convic-
tion of, treason, bribery, or other high crimes and misdemeanors-

ARTICLE HI.

SECTION 1.

The judicial power of the United States shall bo vested in one Su-
preme Court, and in suehinicrior courts, as the congress may, from
time to time, ordain and establish. The judges, both of the supreme
and inferior courts, shall hold their offices during good behavior; and
shall, at stated times, receive for their sen ion, which

shall not be diminished during their continuance in office.

section 2.

1. The judicial power shall extend to all cases, in law and equity,
arising under this constitution, the laws of the United States, and
treaties made, or which shall be made, under their authority; to all

CONSTITUTION OF THE UNITED STATES. 21

cases, affecting ambassadors, other public ministers, and consuls; to all
cases of admiralty and maritime jurisdiction; to controversies to which
the United States shall be a party, to controversies between two or
more states, between a state and citizens of another state, between
citizens of different states, between citizens of the same state claim-
ing lands under grants of different states, and between a state, or
the citizens thereof, and foreign states, citizens or subjects.

-.. In all cases, affecting ambassadors, other public ministers, and
consuls, and those in which a state shall be a party, the supreme court
shall have original jurisdiction. In all the other cases before men-
tioned, the supreme court shall have appellate jurisdiction, both as
to law and fact, with such exceptions, and under such regulations as
the congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be
by jury; and such trial shall be held in the state where the said crimes
shall have been committed ; but when not committed within any state,
the trial shall be at such place or places, as the congress may by law
have directed.

SECTION 3.

1. Treason against the United States shall consist only in levying
war against them, or in adhering to their enemies, giving them aid
and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.

2. The congress shall have power to declare the punishment of
treason; but no attainder of treason shall work corruption of blood*
or forfeiture, except during the life of the person attainted.

ARTICLE IV.

SECTION 1.

1. Full faith and credit shall be given, in each state, to the public
acts, records, and judicial proceedings of every other state. And the
congress may, by general laws, prescribe the manner in which such,
acts, records, and proceedings shall be proved, and the effect thereof.

SECTION 2,

1. The cilizens of each state shall be entitled to all privileges and
immunities of citizens in the several states.

2. A person charged in any state with treason, felony, or other
crime, who shall flee from justice, and be found in another state, shall,
on demand of the executive authority of the state from which he fled,
be delivered up, to be removed to the state having jurisdiction of the
crime.

3« No person held to service or labor in one state under the laws

22 CONSTITUTION OF THE UNITED STATES.

thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor; but
shall be delivered up on claim of the party to whom such service or
labor may be due.

section 3.

1. New states may be admitted by the congress into this union ; but
no new state shall be formed or erected within the jurisdiction of any
other state, nor any state be formed by the junction of two or more
states, or parts of states, without the consent of the legislatures of
the states concerned, as well as of the congress.

2. The congress shall have power to dispose of, and make all need-
ful rules and regulations respecting the territory or other property-
belonging to the United States; and nothing in this constitution shall
be so construed as to prejudice any claims of the United States, or
of any particular state.

section 4*

1. The United States shall guaranty to every state in this union a
republican form of government, and shall protect each of them against
invasion; and on application of the legislature, or of the executive
(when the legislature cannot be convened) against domestic violence*

ARTICLE V.

1. The congress, whenever two-thirds of both houses shall deem it
necessary, shall propose amendments to this constitution; or, on the
application of the legislatures of two-thirds of the several stales, shall
call a convention for proposing amendments, which, in either case,
shall be valid to all intents and purposes, as part of this constitution,
when ratified by the. legislatures of three-fourths of the several states,
or by conventions in three-fourths thereof, as the one or the other
mode of ratification may be proposed by the congress; provided, that
no amendment which may be made prior to the year one thousand
eight hundred and eight, shall in any manner affect the first and fourth
clauses in the ninth section of the first article: and that no state,
without its consent, shall be deprived of its equal suffrage in the sen*^
ate.

ARTICLE VI.

t. All debts contracted and engagements entered into, before the
adoption of this constitution, shallbe as valid against the United States
under this constitution, as under the confederation.

2. This constitution, and the laws of the United States which shall
be made in pursuance thereof; and all treaties made, or which shall be
made under the authority of the United States, shall he the supreme
law of the land ; and the judges in every state shall be hound thereby ;
any thing in the constitution or laws of any state to the contrary not
withstanding.

CONSTITUTION OF THE UNITED STATES.

3. The senators and representatives before mentioned, and the
members of the several state legislatures, and all executive and judi-
cial officers, both of the United States and of the several states, shall
be bound by oath or affirmation, to support this constitution: but no
religious test shall ever be required as a qualification to any office or
public trust under the United States.

ARTICLE VII.

1. The ratification of the conventions of nine states, shall be
sufficient for the establishment of this constitution between the state6
so ratifying the same.

Done in convention, by the unanimous consent of the states pre-
sent, the seventeenth day of September, in the year of our
Lord one thousand seven hundered and eighty-seven, and of
the Independence of the United States of America, the twelfth.
la witness whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON, President,

and deputy from Virginia*

NEW-HAMPSHIRE.

John Langdon,
Nicholas Gilman,

MASSACHUSETTS.

Nathaniel Gorham,
Rufus King.

CONNECTICUT.

William Samuel Johnson,
Roger Sherman,

NEW-YORK.

Alexander Hamilton.

NEW-JERSEY.

"William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton.

PENNSYLVANIA.

Benjamin Franklin,
Thomas Mifflin,
R.obert Morris,
George Clymer,
Thomas Fitzsimons,
Jarcd Ingersoll,
James Wilson,
Govcrneur Morris.

Attest,

DELAWARE.

George Read,
Gunning Bedford, jun.
John Dickinson
Richard Bassett,
Jacob Broom.

MARYLAND.

James M'Henry,

Daniel of St. Tho. Jenifer,
Daniel Carroll.

VIRGINIA.

John Blair,

James Madison? jun.

NORTH-CAROLINA.

William Blount,
Richard Dobbs Spaight,
Hugh Williamson.

SOUTH-CAROLINA.

John Rutledge,

Charles Cotesworth Pinckne^

Charles Pinckney,

Pierce Butler.

GEORGIA.

William Few,
Abraham Baldwin.

WILLIAM JACKSON, Sccretey*

m CONSTITUTION OF THE UNITED STATES.
AMENDMENTS TO THE CONSTITUTION.

ARTICLE 1.

Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assem-
ble, and to petition the government for a redress of grievances.

ARTICLE 2.

A well regulated militia being necessary to the security of a free
state, the right of the people to keep and bear arms shall not be in-
fringed.

ARTICLE 3.

No soldier shall, in time of peace, be quartered in any house with-
out the consent of the owner; nor in time of war, but in a manner to
be prescribed by law.

ARTICLE 4.

The right of the people to be secure in their persons, bouses, pa-*
pers, and effects, against unreasonable scearches and seizures, shall
not be violated ; and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularlj describing the
place to be searched, and the persons or things to be seized.

article 5.

No person shall be held to answer for a capital, or otherwise infa-
mous crime, unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the militia,
when in actual service, in time of war or public danger; nor shall
any person be subject for the same offence to be twice put in jeopardy
of life or limb; nor shall be compelled, in any criminal case, to be a
witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use without just compensation.

ARTICLE 6.

In all criminal prosecutions, the accused shall enjoy the ri^ht to a
speedy and public trial, by an impartial jury of the stale and district
wherein the crime shall have been committed, which district*shall
have been previously ascertained by law, and to be informed o( the
nature and cause of the accusation; to be confronted with the witnes-
ses against him; to have compulsory proce-s for obtaining witnesses
La his favor; and to have the assistance of counsel for his defence.

CONSTITUTION OF THE UNITED STATES. So

ARTICLE 7.

In suits at common law, where the value in controversy shall ex-
ceed twenty dollars, the right of trial by jury shall be preserved;
and no fact tried by a jury shall be otherwise re-examined in any
court of the United States, than according to the rules of the com-
mon law.

article 8.

Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.

article 9.

The enumeration in the constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

article 10.

The powers not delegated to the United States by the conslltution,
nor prohibited by it to the states, are reserved to the states respec-
tively, or to the people.

article 11.

The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against
one of the United States by citizens of another state, or by citizens
or subjects of any foreign state.

article 12.

1. The electors shall meet in their respective states, and vote by
ballot for president and vice president, one of whom at least, shall not
be an inhabitant of the same state with themselves; they shall name
.in their ballots the person voted for as president, and in distinct bal-
lots the perso" voted for as vice president; and they shall make dis-
tinct lists of all persons voted for as president, and of all persons vo-
ted for as vice president, and of the number of votes for each, which lists
they shall sign and certify, and transmit sealed to the seat of the govern-
ment of the United States, directed to the president of the senate; the
president of the senate shall, in the presence of the senate and house of
representatives, open all the certificates, and the votes shall then be
counted: the person having the greatest number of votes for president,
shall he the president, if such number be a majority of the whole num-
ber of electors appointed; and if no person have such majority, then
from ihc persons having the highest numbers, not exceeding three,
on the list of those voted for as president, the house of representa-
tives shall choose immediately, by ballot, the president. But in choosr
4

& Resolution, &c

ing the president, the votes shall be taken by state?, the represenfa
tion from each state having one vote; a quorum for this purpose shall
consist of a member or members from two thirds of the states, and a
majority of all the states shall be necessary to a choice. And if the
house of representatives shall not choose a president whenever the
right of choice shall devolve upon them, before the fourth day of March
next following, then the vice president shall act as president, as in the
case of the death or other constitutional disability of the president.

2. The person having the greatest number of votes as vice presi-
dent, shall be the vice president, if such number be a majority of the
whole number of electors appointed; and if no person have a major-
ity, then from the two highest numbers on the list, the senate shall
choose the vice president: a quorum for the purpose shall consist ol
two thirds of the whole number of senators, and a majority of the
whole number shall be necessary to a choice.

3. But no person constitutionally ineligible to the < ffice of presi-
dent, shall be eligible to that of vice president of the United States.

article 13.

If any citizen of the United States shall accept, claim, receive,
or retain any title of nobility or honor, or shall, without the consent
of congress, accept and retain any present, pension, office, or emolu-
ment o( any kind whatever, from any emperor, king, prince or for-
eign power, such person shall cease to be a citizen of the United
States, and shall be incapable of holding any office of trust or profit
under them, or either of them..

HESOLATiO^.

DECLARING THE ADMISSION OF THE STATE OF ILLINOIS INTO THE UNION.

Resolved by the Senate and House of Representatives of the United
States of America, in Congress assembled, That, whereas, in pursuance
of an act of Congress, passed on the eighteenth day of April, one
thousand eight hundred and eighteen, entitled "An act to enable the
people of the Illinois Territory to form a constitution and state gov-
ernment, and for the admission of such slate into the onion, on an
equal footing with the original states," the people of said territory
did, on the twenty-sixth day of August, in the present year, by a con-
vention called for that purpose, form for themselves a constitution and
6tate government, which constitution and state government, so formed,
is republican, and in conformity to the principles of (he articles of
compact between i\\e original states and the people rind states in the
territory northwest of the river Ohio, passed on the thirteenth dav of
-July, one thousand seven hundred and eighty-seven: Resolved, % the,

STATE CONSTITUTION. 27

Senate and House of Representatives of the United States of America in
Congress assembled, That the State of Illinois shall be one, and is
hereby declared to be one, of the United States of America, and ad-
mitted into the Union on an equal footing with the original states, in
all respects whatever.

[Approved, December 3, 1818.]

CONSTITUTION

OF THE

STATE. OF ILLINOIS

The people of the Illinois Territory, having the right of admission
Into the general government as a member of the Union, consistent
with the constitution of the United States, the ordinance of Congress
of 1787, and the law of congress "approved April 18th, 1818," entitled
uan act to enable the people of the Illinois Territory to form a constitu-
tion and state government, and for theadmission of such state into the
Union on an equal footing with the original states, and for other pur-
poses;" in order to establish justice, promote the welfare and secure
the blessings of liberty to themselves and their posterity, do by their
representatives in convention ordain and establish the following con-
stitution or form of government; and do mutually agree with each
other to form themselves into a free and independent state by the
name of the state of Illinois. And they do hereby ratify the boun-
daries assigned to such state by the act of congress aforesaid, which
are as follows, to-wit: Beginning at the mouth of the Wabash river,
thence up the same, and with the line of Indiana to the northwest corner
of said state; thence east with the line of the same state, to the mid-
die of lake Michigan; thence north along the middle of said lake, to
north latitude forty-two degrees and thirty minutes; thence west to
the middle of the Mississippi river; and thence down along the mid-
dle of that river to its confluence with the Ohio river; and thence up
the latter river along its north western shore to the beginning.

article i.

concerning the distribution of the powers of
government.

Sec. 1. The powers of the government of the state of Illinois,
Bhall be divided into three distinct departments, and each of them be
confided to a separate body of magistrucv. to wit: Those which are le-

28 STATE CONSTITUTION.

gislative to one; those which are executive to another; and those whick
are judiciary to another.

Sec. 2. No person or collection of persons, being one of those de-
partments, shall exercise any power properly belonging to either of
the others, except as hereinafter expressly directed or permitted.

ARTICLE II.

Sec. 1. The legislative authority of this state, shall be vested in a
general assembly, which shall consist of a senate and house of repre-
sentatives, both to be elected by the people.

Sec 2. The first election for senators and representatives, shall com-
mence on the third Thursday of September next, and continue for
that and the two succeeding days; and the next election shall be held
on the first Monday in August, one thousand eight hundred and twen-
ty, and forever after, elections shall be held once in two years, on the
first Monday of August, in each and every county, at such places
therein as may be provided by law.

Sec. 3. No person shall be a representative who shall not have at-
tained the age of twenty-one years, who shall not be a citizen of the
United States, and an inhabitant of this state: who shall not have
resided within the limits of the county or district in which he shall
be chosen, twelve months next preceding his election, if such county
or district shall have been so long erected; but if not, then within
the limits of the county or counties, district or districts out of which
the same shall have been taken, unless he shall have been absent oa
the public business of the United States or of this state; and who
moreover shall not have paid a state or county tax.

Sec 4. The senators at their first session herein provided for, shall
be divided by lot from their respective counties or districts, as near as
can be, into two classes. The seats of the senators of the first class
shall be vacated at the expiration of the second year; and those of
the second class at the expiration of the fourth year, so that onchalf
thereof, as near as possible, may be biennially chosen forever thereaf-
ter.

Sec 5. The number of senators and representatives, shall at the
first session of the general assembly, holden after the returns herein
provided for are made, be fixed by the general assembly, and appor-
tioned among the several counties or districts to be established by law,
according to the number of white inhabitants. The number of rep-
resentatives shall not be less than twenty-seven, nor more than thirty-
six, until the number of inhabitants within this state shall amount to
one hundred thousand; and the number of senators shall never bo
less than one-third nor more than one half of the number of represen-
tatives.

Sec. 6. No person shall be a senator who has not arrived at the age
of twenty-five years, wh<? shall not be a citizen of the United States.

S FATE CONSTITUTION* 23

and who shall not have resided one year in the county or district in
which he shall be chosen immediately preceding his election, it such
County or district shall have been so long erected; but if not, then
in the limit* of the county or counties, district or districts, out of
which the same shall have been taken; unless he shall have been ab-
sent on the public business of the United States or of this state, and
shall not moreover have paid a state or county tax.

Sec. 7. The senate and bouse of representatives, when assembled,
shall each choose a speaker and other officers, (the speaker of the sen-
ate excepted:) each house shall judge of the qualifications and elec-
tions of it* members, and sit upon its own adjournments. Two-thirds
of each house shall constitute a quorum, but a smaller number may
adjourn from day to day, and compel the attendance of absent mem-
bers.

Sec 3. Each house shall keep a journal of its proceedings, and
publish them: the yeas and nays of the members, on any question*
shall, at the desire of ay two of them, be entered on the journals.

Sec. 9. Any two members of either house, shall have liberty to
dissent and pretest against any act or resolution which they maj
think injurious to the public, or to any individual, and have the reasons
of their dissent entered on the journals.

Sec 10. Each house may determine the rules of its proceedings,
punish its members for disorderly behaviour; and, with the concur-
rence of two-thirds, expel a member, but not a second time for the
same cause.

Sec 1 1. When vacancies happen in either house, the governor,, or
the person exercising the powers of governor, shall issue writs of elec-
tion to till such vacancies.

Sec 12. Senators and representatives shall, in all cases, except
treason, felony, or breach of the peace, be privileged from arrest, du-
ring the session of the general assembly, and in goin«; to, and return-
ing from, the same, and for any speech or debate in either house, they
shall not be questioned in any other place.

Sec 13. Each house may punish by imprisonment during its ses-
sion, any person not a member, who shall be guilty of disrespect to
the house, by any disorderly or contemptuous behaviour in their pre-
sence; provided such imprisonment shall not at any one time exceed
twenty-four hours.

Sec 14. The doors of each house, and of committees of the whole,
.^hall be kept open, except in such cases as in the opinion of the house,
require secrecy. Neither house shall, without the consent of the
other, adjourn for more than two days, nor to any other place than
that in which the two houses shall be sitting.

Sec 1o. Bills may originate in either house, but may be altered,
amended, or rejected by the other.

Sec 16. Every bill shall be read on three different days in each
house, unless in case of urgency, three-fourths of the hn«i5C where

30 STATE CONSTITUTION.

such bill is so depending shall deem it expedient to dispense with this
rule; and every bill having parsed both houses shall be signed by the
speakers of the respective houses.

Sec. 17. The style of the laws of this state shall he, "Be it enacted
by the people of the state of Illinois ■, represented in the general assembly.''''

Sec. 18. The general assembly of this state shall not allow the
following officers of government greater or smaller annual salaries
than as follows, until the year one thousand eight hundred and twen-
ty-four: The governor one thousand dollars; and the secretary of
state, sis hundred dollars.

Sec. 19. No senator or representative shall, during the time for
which he shall have been elected, be appointed to any civil office un-
der this state, which shall have been created, or the emoluments of
which shall have been increased during such time.

Sec. 20. No money shall be drawn from the treasury but in conse-
quence of appropriations made by law.

Sec. 21. An accurate statement of the receipts and expenditures
of the public money, shall be attached to, and published with, the
Jaws, at the rising of each session of the general assembly.

Sec 22. The house of representatives shall have the sole power of
impeaching, but a majority of all the members present must concur
in an impeachment; all impeachments shall be tried by the senate;
and when sitting for that purpose, the senators shall be upon oath or
affirmation, to do justice according to law and evidence. No person
shall be convicted without the concurrence of two-thirds of all the
senators present.

Sec. 23. The governor, and all other civil officers under this state,
shall be liable to impeachment for any misdemeanor in office: but
judgment in such cases shall not extend further than to removal from
office, and disqualification to hold any office of honor, profit or trust
under this state. The party, whether convicted or acquitted, shall
nevertheless be liable to indictment, trial, judgment and punishment
according to law.

Sec. 2,. The first session of the general assembly shall commence on
the first Monday of October next, and forever alter, the general as-
sembly shall meet on the first Monday in December next ensuing the
election of the members thereof, and at no other period, unless aa
provided by this constitution.

Sec. 25. No judge of any court of law or equity, secretary of
state, attorney-general, attorney for the state, register, clerk of any
court of record, sheriff or collector, member of either house of con-
gress, or person holding any lucrative office under the United States
or this state, (provided that appointments in the militia, postmasters
or justices of the peace shall not be considered lucrative offices) shall
have a seat in the general assembly: nor shall any person holding at*
office of honor or profit under the government of the United States,
hold any office of honor or profit under the authority' of this state.
- . 'y;>. Kverv person who shall be chosen or appointed to any

3TATE CONSTITUTION. 31

office of trust or profit shall, before entering upon the duties thereof,
take an oath to support the constitution of the United States and of
this state, and also an oath of office.

Sec. 27. In all elections, all white male inhabitants above the age
of twenty-one years, having resided in the state six months next pre-
ceding the election, shall enjoy the right of an elector; but no person
shall be entitled to vote except in the county or district in which he
.shall actually reside at the time of the election.

Sec. 28. All votes shall be given viva voce until altered by the
general assembly. q

Sec. 29. Electors shall in all cases, except treason, felony, or breach
of the peace, be privileged from arrest during their attendance at
elections, and in going to and returning from the same.

Sec 30. The general assembly shall have full power to exclude
from the privilege of electing or being elected any person convicted
of bribery, perjury or any other infamous crime.

Sec. 3i. In the year one thousand eight hundred and twenty, and
every fifth year thereafter, an enumeration of all the white inhabitants
of the state shall be made, in such manner as shall be directed by
law.

Sec 32. All bills for raising a revenue shall originate in the house
of representatives, subject, however, to amendment or rejection, as in
other cases.

ARTICLE III.

Sec 1. The executive power of the state shall be vested in a gov-
ernor.

Sec 2. The first election of governor shall commence on the third
Thursday of September next, and continue for that and the two suc-
ceeding days; and the next election shall be held on the first Monday
of August, in the year of our Lord one thousand eight hundred ao<}
twenty-two. And forever after, elections for governor shall be held
once in four years, on the first Monday of August. The governor
shall be chosen by the electors of the members of the general assem-
bly, at the same places and in the same manner that they shall re-
spectively vote for members thereof. The returns for every election
of governor shall be sealed up and transmitted to the seat of govern-
ment by the returning officers, directed lo the speaker of the house
of representatives, who shall open and publish them in the presence
of a majority of the members of each house of the general assembly.
The person having the highest number of votes shall be governor; but
if two or more be equal and highest in votes, then one of them shall
be chosen governor by joint ballot of both houses of the general as-
sembly. Contested elections shall be determined by both houses of
the general assembly in such manner as shall be prescribed bv law.

Sec* 3. The first governor shall hold his office until the first Mon-
day of Derernber, in the year of our Lord one thousand eight hundred
and twenty-two, and until another governor bhall be elected an£

-i STATE CONSTITUTION.

qualified to office: and forever after, the governor shall hold his of-
fice for the term of four years, and until another governor shall be
elected and qualitied; hut he shall not be eligible for more than four
years in any term of eight years. He shall be at least thirty years
of age, and have been a citizen of the United States thirty years;
two years of which next preceding his election he shall have resided
within the limits of this state.

Sec. 4. He shall, from time to time, give the general assembly in-
formation of the state of the government, and recommend to iheir
consideration such measures as he shai^deem expedient.

Sec. 5. He shall have power to grant reprieves and pardons after
conviction, except in cases of impeachment.

Sec 6. The ejovernor shall, at stated times, receive a salary for
his services, which shall neither be increased nor diminished during
the term for which he shall have been elected.

Sec. 7. He may require information in writing from the officers in
the executive department, upon any subject relating to the duties of
their respective offices, and shall take care that the laws be faithfully
executed.

Sec. S. When any officer, the right of whose appointment is, by this
constitution, vested in the general assembly, or in the governor and
se: ate, shall, during the recess, die, or bis office, by an\ means, become
vacant,* the governor shall have power to fill such vacancj, by grant-
ing a commission which shall expire at the end of the next session of
the general assembly.

Sec 9. He may, on extraordinary occasions, convene the general
assembly by proclamation, and shall state to them when assembled,
the purpose for which they shall have been convei

Sec. 10. He shall be commander in chief of the army and navy of
this state, and of the militia, except when they shall be called into
the service of the United States.

Sec 11. There shall be elected in each and every county in the
said state, by those who are qualified lo vote for members of the gen-
eral assembly, and at the same times and places where the election
for such members shall be held, one sheriff and one coroner, whose
election shall be subject to such rules and regulations as shall be pre-
scribed by lav/. The said sheriffs and coroners respectively, when
elected, shall continue in office two years, be subject to removal and
disqualification, and such other rules and regulations as may be, from '
time to time, prescribed by law.

Sec 12. In case of disagreement between the two houses with re-
spect to the time of adjournment, the governor shall have power to
adjourn the general assembly to such time as he thinks proper, pro-
vided it be not to a period beyond the next constitutional mee|jng of

the same.

Sec 13. A lieutenant-governor shall be chosen at every election
for governor in the same manner, continue in office for #te same
time^and possess the same qualifications. In voting for governor and

STATE CONSTITUTION.

lieutenant-governor, the electors shall distinguish whom they vote for
as governor, and whom as lieutenant-governor.

Sec. 14. He shall by virtue of his office be speaker of the senate,
i right when in committee of the whole to debate, and vote on
all -ubjects; and whenever the senate are equally divided, to give the
casting vote.

Sec. 15. Whenever the government shall he administered by the
lieutenant-governor, or he shall be unable to attend as speaker of the
senate, the senators shall elect one of their own members as speaker
for that occasion; and if during the vacancy of the office of governor,
the lieutenant-governor shall be impeached, removed from office, re-
fuse to qualify, or resign or die, or be absent from the state, the speak-
er of the senate shall in like manner administer the government.

Sec. 1C. The lieutenant-governor, while he acts as speaker of the
senate, shall receive for his services the same compensation, which
shall for the same period be allowed to the speaker of the house of
representatives and no more: and during the time he administers the
government as governor, he shall receive the same compensation
which the governor would have received had he been employed in
the duties of his office.

Sec. 17. If the lieutenant-governor shall be called upon to ad!
minister the government, and shall, whilein such administration resign,
die or be absent from the state during the recess of the general as-
sembly, it shall be the duty of the secretary for the time being, to con-
vene the senate for the purpose of choosing a speaker.

Sec 18. In case of an impeachment of the governor, his removal
from office, death, refusal to qualify, resignation or absence from the
state, the lieutenant-governor shall exercise all the power and author-
ity appertaining to the office of governor, until the time pointed out
by this constitution for the election of governor shah arrive, unless
the general assembly shall provide by law for the election of a gover-
nor to fill such vacancy.

Sec. 19. The governor for the time being and the judges of the
supreme court or a major part of them, together with the governor,
shall be and are hereby constituted a council to revise ail bills about
to be passed into laws by the general assembly; and for that purpose
shall assemble themselves from time to time when the general assem-
bly shall be convened; for which nevertheless they shall not receive
any salary or consideration under any pretence whatever; and all bills
which 'nave passed the senate and house of representatives shall, be-
fore they become laws, be presented to the said council for their re-
visal and consideration; and if upon such revisal and consideration,
it should appear improper to the said council or a majority of them,
that the bill should become a law of this state, they shall return the
same^togcther with their objections thereto in writing to the senate or
house of representatives (in whichsoever the same shall have originated)
who snail enter the objections set down by the council at larcre in
♦heir minutes, and proceed to reconsider the ey.id bill. But if after

34 STATE CONSTITUTION.

such reconsideration the said senate or house of representatives shall,
notwithstanding the said objections, agree to pass the same by a ma-
jority of the whole number of members elected; it shall, together
with the said objections, be sent to the other branch of the general as-
sembly, where it shall also be reconsidered : and if approved by a
majority of all the members elected, it shall become a law. If any bill
shall not be returned within ten days after it shall have been presen-
ted, the same shall be a law; unless the general assembly shall by
their adjournment render a return of the said bill in ten days imprac-
ticable; in which case the said bill shall be leturned on the first day
of the meeting of the general assembly, after the expiration of the
said ten days, or be a law.

^ Sec. 20. The governor shall nominate, and by and with the ad-
vice and consent of the Senate appoint a secretary of state, who shrill
keep a fair register of the official acts of the governor, and when re-
quired, shall lay the same a><d all papers, minutes and vouchers, rela-
tive thereto, before either branch of the general assembly, and shall
perform such other duties as shall be assigned him by law.

Sec. 21. The state treasurer and public printer or printers for the
state shall be appointed biennially by the joint vote of both branches
of the general assembly: Provided, That during the recess of the
same, the governor shall have power to fill such vacancies as may hap-
pen in either of said offices.

Sec 22. The governor shall nominate, and by and with the ad-
vice and consent of the senate, appoint all officers whose offices are
established by this constitution, or shall be established by law, and
whose appointments are not herein otherwise provided for: Provided
however, That inspectors, collectors and their deputies, surveyors
of the highways, constables, jailors and such inferior officers whose
jurisdiction maybe confined within the limits of the county, shall be
appointed in such manner as the general assembly shall prescribe.

ARTICLE IV.

Sec. 1. The judicial power of this state shall be vested in one su-
preme court, and such inferior courts as the general assembly shaU5
from time to time, ordain and establish.

Sec 2. The supreme court shall be holden at the seat of govern-
ment, and shall have an appellate jurisdiction only, except in cases re-
lating to the revenue, in eases of mandamus, and in such eases of im-
peachment as may be required to be tried before it.

Sec. 3. The supreme court shall consist in a chief justice and three
associates, any two of whom shall form a quorum. The number cf
justices majT, however, be increased by the general assembly after the
year one thousand eight bundled and twenty-four.

Sec 4. The justices of the supreme court and the judges M the
inferior courts shaJH)e appointed by joint ballot of both branches of
the general assembly, and commissioned by the governor, and shall

STATE CONSTITUTION. ^

hold their offices during good behavior until the end of the first session
general assembly, which shall be begun and held after the first
day of January, in the year of our Lord one thousand eight hundred
and twenty-four, at which time their commissions shall expire: and
until the expiration of which time, the said justices, respectively,
shall hold circuit courts in the several counties, in such manner and
at such times, and shall have and exercise such jurisdiction as the
general assembly shall by law prescribe. But ever after the afore-
said period, the justices of the supreme court shall be commissioned
during good behavior, and the justices thereof shall not hold circuit
courts unless required by law.

Sec. 5. Trie judges of the inferior courts shall hold their offices
during good behavior, but for any reasonable cause which shall not
be sufficient ground for impeachment, both the judges of the supreme
and inferior courts shall be removed from office on the address of two-
thirds of each branch of the general assembly: Provided always, that
no member of either house of the general assembly, nor any person
connected with a member by consanguinity, or affinity, shall be ap-
pointed to fill the vacancy occasioned by such removal. The said
justices of the supreme court, during their temporary appointments,
shall receive an annual salary of one thousand dollars, payable quar-
ter yearly out of the public treasury. The judges of the inferior
courts, and the justices of the supreme court who may be appointed
after the end of the first session of the general assembly, which snail
be begun and held after the first day of January, in the year of our
Lord one thousand eight hundred aud twenty-four, shall have ade-
quate arid competent salaries, which shall not be diminished during
their continuance in office.

Sec. 6. The supreme court, or a majority of the justices thereof,
the circuit courts, or the justices thereof, shall, respectively, appoint
their own clerks.

Sec. 7. All process, writs and other proceedings shall run in the
name of "the people of the state of Illinois.'' All prosecutions shall be
carried on "m the name and by the authority of the people of the state of
Illinois" and conclude "against the peace and dignity of the same."

Sec. 8. A competent number of justices of the peace shall be ap-
pointed in each county in such manner as the general assembly may
direct, whose time of service, power and duties shall be regulated and
defined by law. And justices of the peace, when so appointed, shall
be commissioned by the governor.

ARTICLE V.

. 1. The militia of the state of Illinois shall consist of all free
male able bodied persons, negroes, mulattoes and Indians excepted,
resident in the state, between the ages of eighteen and forty-five years,
except such persons as now are, or hereafter may be exempted by
the laws of the United States or of this state, and shall be armed,

3G STATE CONSTITUTION.

equipped and trained as the general assembly may provide by law.

Sec. 2. No person or persons, conscientiously scrupulous of bear-
ing arms, shall be compelled to do militia duty in time of peace, pro-
vided such person or persons shall pay an equivalent for such exemp-
tion.

Sec. 3. Company, battalion and regimental officers, staff officers
excepted, shall be elected by the persons composing their several com-
panies, battalions and regiments.

Sec 4. Brigadier and major-generals shall be elected by the offi-
cers of their brigades and divisions respectively.

Sec 5. All militia officers shall be commissioned by the governor,
and may hold their commissions during good behaviour, or until they
arrive at the age of sixty years.

Sec 6. The militia shall, in all cases, except treason, felony, or
breach of the peace, be privileged from arrest during their attendance
at musters and elections of officers, and in going to and returning
from the same.

ARTICLE VI.

Sec 1. Neither slavery nor involuntary servitude shall hereafter
be introduced into this state, otherwise than for the punishment of
crimes, whereof the party shall have been duly convicted; nor shall
any male person, arrived at the age of twenty-one years, nor female
person, arrived at the age of eighteen years, be held to serve any per-
son as a servant, under any indenture hereafter made, unless such
person shall enter into such indenture while in a state of perfect free-
dom, and on condition of a bona fide consideration received or to be
received for their service. Nor shall any indenture of any negro or
mulatto hereafter made and executed out of this state, or if made in
this state, where the term of service exceeds one year, be of the least
validity, except those given in cases of apprenticeship.

Sec 2. No person bound to labor in any other state, shall be hired to
labor in this state, except within the tract reserved for the salt works near
Shawneetown; nor even at that place for a longer period than one
year at any one time; nor shall it be allowed there after Hie year
one thousand eight hundred and twenty-five: any violation of this ar-
ticle shall effect the emancipation of such person from his obligation
to service.

Sec 3. Each and every person who has been bound to service by
contract or indenture in virtue of the laws of the Illinois Territory
hcrctofore existing, and ia conformity to the provisions of the same,
without fraud or collusion, shall be held to a specific performance of
their contracts or indentures; and such negroes and mul.tUoes as have
been registered in conformity with the aforesaid laws shall serve out the
lime appointed by said laws: provided however, that the children here
after born of such persons, negroes or mulattoes, shall become free, the
males at the age of twenty-one years, the 0 males at the nge of eighteen
years. Each and every child born of indentured parent?. shall b<

STATE CONSTITUTION. 37

tcred with the clerk of the county in which they reside hy their ownersT
witninsix months after the birth of said child.

ARTICLE VII.

Sec. 1. Whenever two-thirds of the general assembly shall think
it necessary to alter or amend this constitution, they shall recommend
to the electors at the next election of members to the general assem-
bly to vote for or against a convention; and if it shall appear that a
majority of all the citizens of the state voting for representatives have
voted for a convention, the general assembly shall, at their next ses-
sion, call a convention, to consist of as many members a. there may
be in the general assembly: to be chosen in the same manner, at the
same place and by the same electors that choose the general assem-
bly, and which convention shall meet within three months after the
said election, for the purpose of revising, altering or amending this
constitution.

ARTICLE VIII.

That the general, great and essential principles of liberty and free
government may be recognized and unalterably established, we de-
clare,

Sec. 1. That all men arc born equally free and independent, and
have certain inherent and indefeasible rights; among which are those
of enjoying and defending life and liberty, and of acquiring, possess-
ing and protecting property and reputation, and of pursuing their own
happiness.

Sec. 2. That all power is inherent in the people, and all free gov-
ernments are founded on their authority and instituted for their peace,
safety and happiness.

Sec 3. That all men have a natural and indefeasible right to wor-
ship Almighty God according to the dictates of their own consciences;
that no man can of right be compelled to attend, erect or support any
place of worship, or to maintain any ministry against his consent; that
no human authority can in any case whatever control or interfere with
the rights of conscience; and that no preference shall ever be given
by law to any religious establishments or modes of worship.

Sec. 4. That no religious test shall ever be required as a qualif.
catiou to any office or public trust under this state.
Sec. .5. That elections shall be fvcm and equal.
Sec 6. That the right of the trial by jury shall remain inviolate.
Sec 7. That the people shall be secure in their persons, houses,
papers and possessions from unreasonable searches and seizures; and
that general warrants whereby an officer may be commanded to search
suspected places without evidence of the fact committed, or to seize
any person or persons not named, whose offences are not particularly
described and supported by evidence, are dangerous to liberty, and
0Ogbt oo1 to be granted.

^ STATE CONSTITUTION.

Sec. S. That no freeman shall be imprisoned or disseized of hii:
ireebold, liberties or privileges, or outlawed or exiled, or in any man-
ner deprived of his life, liberty or property, but by the judgment of
his peers or the law of the land. And all lands which have been
granted as a common to the inhabitants of any town, hamlet, village
or corporation, by any person, body politic or corporate, or by any
government having power to make such grant, shall forever remain
common to the inhabitants of such town, hamlet, village or corpora-
tion: and the said commons shall not be leased, sold or divided under
any pretence whatever: Provided however, that nothing in this sec-
tion shall be so construed as to affect the commons of Cahokia or
Prairie du Pont: Provided also, that the general assembly shall have
power and authority to grant the same privileges to the inhabitants
of the said villages of Cahokia and Prairie du Pont as are hereby
granted to the inhabitants of other towns, hamlets and villages.

Sec. 9. That in all criminal prosecutions, the accused hath a right
to be heard by himself and counsel; to demand the nature and cause
of the accusation against him; to meet the witnesses face to face; to
have compulsory process to compel the attendance of witnesses in his
favor. And in prosecutions by indictment or information, a speedy
public trial by an impartial jury of the vicinage: and that he shall
not be compelled to give evidence against himself.

Sec 10. That no person shall, for any indictable offence, be pro-
ceeded against criminally by information, except in cases arising in
the land or naval forces, or the militia when in actual service, in
time of war or public danger, by leave of the courts, for oppression
or misdemeanor in office.

Sec. 11. No person shall, for the same offence, be twice put io
jeopardy of his life or limb; nor shall any man's property be taken or
applied to public use, without the consent of his representatives in the
general assembly, nor without just compensation being made to him.

Sec 12. Every person within this state ought to find a certain re-
medy in the laws, for all injuries or wrongs which he may receive in
his person, property or character; he ought to obtain right and jus-
lice freely and without being obliged to purchase it, completely and
without denial, promptly and without delay, conformably to the laws.

Sec 13. That all persons shall be bailable by sufficient sureties,
unless for capital offences, where the proof is evident or the presump-
tion great; and the privilege of the writ of habeas corpus shall not be .
suspended* unless when in cases of rebellion or invasion, the public
safety may require it.

Sec 14. All penalties shall be proportioned to the nature of the
offence, the true design of all punishments being to reform, not to ex-
terminate, mankind.

Sec 15. No person shall be imprisoned for debt, unless upon refu-
sal to deliver up his estate for the benefit of his creditors, in such
manner as shall be prescribed by lav;, or iu cases where there is strong
presumption of fraud.

STATE CONSTITUTION. 39

Sec. 10. No ex post facto law, nor any law impairing the validity of
contracts shall ever be made; and no conviction shall work corrup-
tion of blood or forfeiture of estate.

Sec. 1 7. That no person shall be liable to be transported out of this
state for any offence committed within the same.

Sec. 1 8. That a frequent recurrence to the fundamental principles
of civil government is absolutely necessary to preserve the blessing:;
of liberty.

Sec. 19. That the people have a right to assemble together in a
peaceable manner to consult for their common good, to instruct their
representatives, and to apply to the general assembly for redress of
grievances.

Sec 20. That the mode of levying a tax shall be by valuation, so
that every person shall pay a tax in proportion to the value of the
property he or she has in his or her possession.

Sec. 21. That there shall be no other banks or monied institutions
in this state but those already provided by law, except a state bank
and its branches, which may be established and regulated bv the gen-
eral assembly of the state as they may think proper.

Sec. 22. The printing presses shall be free to every person whe
undertakes to examine the proceedings of the general assembly or of
any branch of government; and no law shall ever be made to restrain
the right thereof. The free communication of thoughts and opinions
is one of the invaluable rights of man, and every citizen may freely
speak, write and print on any subject, being responsible for the abuse
of that liberty.

Sec. 23. In prosecutions for the publication of papers investigating
the official conduct of officers, or of men acting in a public capacity,
or where the matter published is proper for public information, the
truth thereof may be given in evidence. And in all indictments for
I libels the jury shall have the right of determining both the law and
the fact- under the direction of the court as in other cases.

Sec. 1. That no inconveniences may arise from the change of a
territorial to a permanent state government, it is declared by the con-
vention, that all rights, suits, actions, prosecutions, claims and con-
tracts, both as it respects individuals and bodies corporate, shall con-
tinue as if no change had taken place in this government in virtue of
the laws now in force.

Sec. 2. All fines, penalties and forfeitures due and owing to the
territory of Illinois shall enure to the use of the state. All bonds ex-
ecuted to the governor, or to any other officer in his official capacity
in the territory, shall pass over to the governor or to the officers of the
state, and their successors in office, for the use of the state, by him or
by them to be respectively assigned over to the use of thoee concerned-,
is the case may be.

10 STATE CONSTITUTION.

Sec. 3. No sheriff, or collector of public moneys, shall be eligible
to any office in this state, until they have paid over according to law,
all moneys which they may have collected by virtue of their respective
offices.

Sec. 4. There shall be elected in each county three county com-
missioners for the purpose of transacting all county business, whose
time of service, power and duties shall be regulated and defined by
law.

Sec. 5. The governor, secretary and judge?, and all other officers
under the territorial government shall continue in the exercise of the
duties of their respective departments until the said officers are su-
perceded under the authority of this constitution.

Sec. 6. The governor of this state shall make use of his private
seal, until a state seal shall be provided.

Sec. 7. The oaths of office herein directed to be taken, may be
administered by any justice of the peace until the general assembly
shall otherwise direct.

Sec. 8. Until the first census shall be taken as directed by this con-
stitution, the county of Madison shall be entitled to one senator and
three representatives; the county of St. Clair, to one senator and
three representatives; the county of Bond, to one senator and one
representative; the county of Washington, to one senator and one re-
presentative ; the county of Monroe, to one senator and one representa^
tive; the county of Randolph, to one senator and two representatives;
the county of Jackson, to one senator and one representative: the
counties of Johnson and Franklin to form one senatorial district, and
to be entitled to one senator, and each county to one representative;
the county of Union, to one senator and two representatives; the
county of Pope, to one senator and two representatives; the county
of Gallatin, to one senator and three representatives; the countyof
White, to one senator and three representatives; the county of Ed-
wards, to one senator and two representatives; and the countyof
Crawford, to one senator and two representatives.

Sec. 9. The president of the convention shall issue writs of election,
directed to the several sheriffs of the several counties, or in case of
the absence or disability of any sheriff, then to the deputy sheriff and in
case of the absence or disability of the deputy sheriff tfien such writ
to be directed to the coroner, requiring them to cause an election to
beheld for governor, lieutenant-govenor, representative to the present
congress of the United States, and members to the general assembly,
and sheriffs and coroners, in the respective counties; sura election to
commence on the third Thursday of September next, and to contin-
ue for that and the two succeeding days; and which election shall be
conducted in the manner prescribed by the existing election laws of
the Illinois Territory; and the said governor, lieutenant-governor,
members of the several assembly, sheriffs and coroners, then duly
elected, shall continue to exercise theduties of their respective offices

STATE CONSTITUTION. 41

Cor the time prescribed by this constitution, and until their successor
or successors are qualified, and no longer.

Sec. 10. An auditor of public accounts, an attorney general, and
such other officers for the state as may be necessary, may be appoint-
ed by the general assembly; whose duties may be regulated by law.

Sec. 11. It shall be the duty of the general assembly to enact such
laws as may be necessary and proper to prevent the practice of duel-
ling.

Sec. 12. All white male inhabitants above the age of twenty-one
years, who shall be actual residents of this state, at the signing of this
constitution, shall have a right to a vote at the election to be held on
the third Thursday and the two following days of September next.

Sec 13. The seat of government for the state shall be at Kaskas-
kia until the general assembly shall otherwise provide. The general
assembly, at their first session holden under the authority of this con-
stitution,shall petition the congress of the United States, to grant to
this state a quantity of land, to consist of not more than four, nor less
than one section, or to give to this state the right of pre-emption in
the purchase of the said quantity of land. The said land to be situate
on the Kaskaskia river, and as near as may be, east of the third prin-
cipal meridian on said river. Should the prayer of such petition be
granted, the general assembly, at their next session thereafter, shall
provide for the appointment of five commissioners to make the selec-
tion of said land so granted; and shall further provide for- laying
out a town upon the land so selected; which town, so laid out, shall
be the seat of government of this state for the term of twenty years.
Should, however, the prayer of said petition not be granted, the gene-
ral assembly shall have power to make such provision for a permanent
seat of government as may be necessary, and shall fix the same where
they may think best.

Sec. 14. Any person of thirty years of age who is a citizen of the
United States and has resided within the limits of this state two years
next preceding his election, shall be eligible to the office of lieutenant-
governor — any thing in the thirteenth section of the third article of
this constitution contained to the contrary notwithstanding.

Done in Convention at Kaskaskia, the twenty-sixth day of August,
in the year of our Lord one thousand eight hundred and eighteen,
and of the Independence of the United States of America, the
forty-third.

fv testimony whereof, we have hereunto subscribed our names.

JESSE B. THOMAS, President of the Convention and representa-
tive from the county of St, Clear.

John Messin^er, ) ~ „,

T.,™^ t • t St. Clair county.

James JLemen, jr. ) a

George Fisher, > n , 7 , .

Ellas Kent Kane. \ *»*** C0UnUu

<*2 ORDINANCE,

B. Stephenson,

Joseph Borough, ^ Madison county,

Abraham Prickett,

Michael Jones,

Leonard White, ^ Gallatin county.

Adolphus Frederick Hubbard,)

Hczekiah West, ) , ,

William MTatridge, J Johnm C0W^'

SethGard, > r . .

Lo»; r> ~ \ i Lawaras county.
evi Lompton, ) J

Willis Hargrave, > „rL ., ,

William JlWy,} «%te""n^-

Samuel Omelveny,) r» „ ,

H, , ^ J'\ rope county.

amlet £ erguson, J ^ ^

Conrad Will, > r .

t xj n • 5- Jackson county.

James Hall, jr. $ ^

Joseph Kitchell,) ^ - ,

Ed. N. Cullom, \ Crawfurd """*■

Thos. Kirkpatrick.) n ,

Samael <S. Morse, \ Bond county.

William Echols, ) rT .
Join Whiteakar.j Union county.
Andrew Bankson, Washington county.
Fniiam Harrison, ) r, , ,.
Thomas Roberts, \ Fra>M™ ^'"'^

ATTEST

WM! C. GREENUP,

Secretary to the Convention.

AN 021BZ2?AHCE.

Whereas, the Congress of the United States, in the act entitled
uAn act to enable the people of the Illinois territory to form a consti-
tution and state government, and for the admission of such state into
the union on an equal footing with the original states, passed the 18th
of April, 1818,*' have offered to this convention for their free acceptance
or rejection, the following propositions, which if accepted .by the con-
vention are to be obligatory upon the United States, viz:

"1st. That section numbered sixteen in every township, and when
such section has been sold, or otherwise disposed of, other lands equiv-
alent thereto, and as contiguous as may be, shall be granted to the
state for the use of the inhabitants of such township for the use of
schools.

2d. That all salt springs within such state, and the lands reserved

ORDINANCE.

ibr the use of the fame shall be granted to the said state for the use
of the said state, and the same to be used under such terms and con-
ditions and regulations as the legislature of s?id state shall direct;
provided the legislature shall never sell nor lease the same for a long-
er period than ten years at any one time.

3d. That five per rent, of the nett proceeds of the lands lying with-
in such state, and which shall be sold by congress from and after the
first day of January, one thousand eight hundred and nineteen, after
deducting all expenses incident to the same, shall be reserved for the
purposes following, viz: Two-fifths to be disbursed under the direc-
tion of congress, in making roads leading to the state; the residue to
be appropriated by the legislature of the state for the encouragement
of learning, of which one-sixth part shall be exclusively bestowed on
a college or university.

4th. That thirty-six sections or one entire township, which shall
be designated by the president of the United States, together with
the one heretofore reserved for that purpose, shall be reserved for
the use of a seminary of learning, and vested in the legislature of the
said state, to be appropriated solely to the use of such seminary by
the said legislature.''

And whereas, the four foregoing propositions are offered on the
condition that this convention shall provide by ordinance, irrevocable
without the consent of the United States, that every and each tract of
land sold by the United States, from and after the first day of Janu-
ary, 1819, shall remain exempt from any tax laid by order, or under
the authority of the state, whether for state, county or township, or
any other purpose whatever, for the term five years, from and after
the day of sale. And further, that the bounty lands granted, or
hereafter to be granted for military services during the late war, shall,
while they continue to be held by the patentees or their heirs, remain
exempt as aforesaid from all taxes for the term of three years from
and after the date of the patents respectively; and that all the lands
belonging to the citizens of the United States, residing without the
said state shall never be taxed higher than lands belonging to per-
sons residing therein.

Therefore, this convention, on behalf of, and by the authority of
the people of the state, do accept of the foregoing propositions;, and
do further ordain and declare, that every and each tract of land sold,
by the United States, from and after the first day of January, 1819,
3hall remain exempt from any tax laid by order, or under any au-
thority of the state, whether for state, county or township, or any pur-
pose whatever, for the term of five years from and after the day of
sale. And that the bounty lands granted, or hereafter to be granted,
for military services during the late war, shall, while they continue to
be held by the patentees or their heirs, remain exempt, as aforesaid,
from all taxes for the term of three years from and after the date of
the patents respectively; and that all the lands belonging to the citi-
zen! of the United States, residing without the said state, shall never

44 ORDINANCE.

be taxed higher than lands belonging to persons residing therein.-^-*
And this convention do further ordain and declare, that the foregoing
ordinance shall not be revoked without the consent of the United
States.

JESSE B. THOMAS,
President of the Convention*

ATTEST,

WM. C. GREENUP,

Secretary to the Convention,

STATUTE LAWS

OF THE

STATE OP ILLINOIS,

REVISED AND PUBLISHED UNDER THE DIRECTION AND AUTHOR-
ITY OF THE GENERAL ASSEMBLY.

ABATEMENT.

AX A CT relative to pleas in abatement, and the abatement of In fo.rfcelg3-
suits by the death of parties*

Section 1. Be it enacted by the People of the State of Mi- .
nois represented in the General Assembly, That no plea in ment not rV'
abatement, other than a plea to the jurisdiction of the ceived unless
court, or where the truth of such plea appears of record, OI1 oath*
shall be admitted or received, unless the party offering the
same, file an affidavit of the truth thereof. And where a costs award,
plea in abatement shall, upon argument, be determined e<! on insuffi.
insufficient, the plaintiff shall recover full costs, to the cientllleas-
time of overruling such plea.

Sec 2. When one or more of the parties of a company, S(lilg a?a;nst
or association of individuals, shall be sued, and the person companies not
or persons so sued, shall plead in abatement, that all the !° *^ it
parties are not joined in the suit, such suit, for that cause, forthwith issu-
shall not abate, if the plaintiff or plaintiffs, forthwith sue \d against

• f ,i ii j • j.u those not joio-

out a summons against the other partners named in the e(j
plea of abatement, and on the return of the summons,
may insert in the declaration, the names of the other part-
ners named in such plea, and proceed in all respects there-
after, as though such other partners named in said plea
had been included in the original suit. And if such part- J^PJ1**^^11"
ners named in said plea, cannot be found, the plaintiff or it may besu£.
plaintiffs, upon the return of the said summons, may sug- gested, &c.
gest in his declaration the names of those not found, and
proceed as in other cases where service is only made on „
part of the defendants. An no other plea in abatement h, abatement
for non joinder of defendants shall be allowed in the allowed-
case.

Sec. 3. No action commenced by a single woman, who
intermarries during the pendency thereof, shall abate on bate by Toar..
account of such marriage: Provided, the husband shall "age.
appear in court, and cause such marriage to be suggested .
on the record, and the suit may then proceed in the same rovl!C'"
manner as if it had been commenced after such marriage.

46 ABATEMENT.

Wbwieath' Sec' 4' When any action sha11 be Pending in any of the
of plaintiff if, courts of this state, and the plaintiff, before final judg-
u ° "1 dXe»C ment' sna11 die' tnc samc sna11 not abate, if it might origin-
istrator, "*'" a% nave Deen prosecuted by his executor or administra-
tor; and in such case the executor or administrator may
may prose- suggest such death on the record, and enter his, her or

cute the same tliejr names jn the sujt? ^ prosecute tne game. And if
Same if de- *ne defendant, while the action shall be pending in court,
fendant die, if and before final judgment, shall die, the same shall not
&c abate, if it might originally have been prosecuted against

If death is sug ^e executor or administrator. And the plaintiff, or his
gested, sum executor or administrator, may suggest such death on the
raous maris record, and have a summons against the executor or ad-
proceed tofi ministrator of such deceased defendant, requiring them to
oai judgment appear and defend the action. If the said executor or ad-
ministrator of such deceased defendant, shall appear and
make him, her or themselves defendants, or if they shall
not appear and make themselves defendants, (such sum-
mons being served on any one of them, ten days before
the sitting of the court,) the action shall, in either case,
proceed to final judgment according to law. And when
Softs against a m^ s^a^ be commenced against an administrator, and
stratois before final judgment, his letters of administration shall be

nor ioab,;te revoked, and letters of administration be granted to an-
o revocation ®

ers of other person, such suit shall not abate, but the plaintiff

administration snall suggest such fact upon record ; and after summons

shall be served upon the last administrator, the suit shall

be served on proceed to final judgment as in other cases under this

last adminis- act.

Sec. 5. In any action pending before any court, if there

Death not to ^e *wo or more plaintiffs or defendants, and one or more

abate suits., of them die before final judgment, if the cause of action

sreVwo11^6 surv've to the surviving plaintiff or plaintiffs, or against

more piffs or the surviving defendant or defendants, the writ or action

defendants if s\m\[ not abate, but such death being suggested on the re-
came of action * ,. . , ,, i ° °°

survive, cord, tne action shall proceed.

Sec. 6. The third, fourth and fifth sections of this act
Writs of error shall he applicable to all appeals and writs of error,
deluded gEC# ?< Tjie act entitie(i i;An act concerning the abate-

Act of 1819 mcnt °f Sll^s hy the death of parties," approved February
repealed G, 1819, is hereby repealed.

[Approved, 30th Dec. 1826.]

47
ACCOUNT.

AN ACT to regulate Actions of Account. fD for0ce *«*«

° J 1st, 1827.

Section 1 . Be it enacted by the People of the State of
Illinois represented in the General Assembly, That when Action of ac-
o e or more joint tenants, tenants in common or coparce- count extendi
ners, in real estate, or any interest therein, shall take, use ^nt°uJs01"en-
or have the benefit thereof, in greater proportion than his, antsincom-
her or their interest therein, such person or persons, or his mon ** coPar-
or their executors and administrators, shall be liable to ren-
der his or their reasonable account of the use and profit
of such estate or interest, to his and their cotenant jointly or their exe-
and severally. Actions of account may be brought and '*u.tc!r* or ad~
maintained, by one joint tenant, tenant in common or co- min,slratcra-
parcener, his or her executors or administrators against
such, or any such cotenant receiving more than comes to
his or her just share or proportion, as bailiff or bailiffs, and
against his or her executors or administrators.

Sec 2. Any executor, being a residuary legatee, may Residuary le-

brin? and, maintain an action of account against his coex- ^ ■ '"'"•'

maintain uc—

ccutor or executors of the estate or the testator, in his or lion of account
their hands; any other residuary legatee shall have the
like remedy against executors and administrators.

Sec. 3. Executors and administrators may have and Exrs& JuImrs
maintain actions of account, in the same manner as their ^tioij^Theip
testator or intestate might have had and maintained, if he testator or in-
or she had lived. Such actions may be brought and main- testat? m,ghi
tained against the executors or administrators of every
guardian, bailiff or receiver.

Sec. 4. When any person is or shall be liable to account,
as guardian, bailiff or receiver, or otherwise to another,
and will not give an account willingly, and the party to Persons liable
whom such an account ought to be made, shall sue out a to,he action
writ of account, and the person against whom such writ tT^auach'e?
shall be issued, being summoned, does not appear at the
return of the writ, then the defendant shall be attached
by his or her body to come and render his or her account.

Sec 5. Whenever a judgment shall be rendered against
any defendant, in an action of account, that he do account,
the court shall appoint not more than five, nor less than ^ttVrfnl
three able, disinterested and judicious men as auditors, to de red auditors
take the account, who shall be sworn faithfully and im- ,nbe aPPoin<-
partially to take and state the account, between the par- et
ties, and make report to the court; the auditors, or a ma- Poverofati-
joritv of them, shall have power to appoint the time and diw»~x
place for the hearing, and shall give reasonable notice to
'he parties: and if the de&ndant shall neglect or refuse to

Witnesses or
parties

48 ADVERTISEMENTS.

Defendants attend at the time and place appointed and render his ac-
pkantiff'^ic-* count; or appearing, shall not render an account, the audi-
count to be tors shall receive a statement of the account from the
received plaintiff and award to him the whole sum he claims to be due.

Sec. 6. If the parties appear, and produce their books
tfparttesap- an(j accounts before the said auditors, such auditors, or a
co state acc'w. majority of them, shall proceed to take and state the ac-
counts, and may take the testimony of witnesses, and ex-
May examine amine either or both of the parties on oath respecting their
accounts; and may administer all necessary oaths to wit-
nesses and parties. The auditors shall liquidate and ad-
just the accounts and state the balance and to whom due.
To make re- Thev, or a majority of those present, shall report to the
PT;t,| aPd" court by whom they were appointed, at the next term there-
mentisu>be of; and if such report shall be approved by the court, the
rendered court shall render judgment for the amount ascertained to
with costs ^ ^ue^ ^jjk C0Sf.s. an(j tiae party in whose favour the re-
port is made, shall pay the auditors their fees, which shall
Party refus- be taxed as costs. If either party shall refuse to be sworn,
faig to be or answer proper questions respecting his account, the
co- knitted "to auditors may commit him to jail, there to remain, until he
jail consent to be sworn or answer the interrogatories.

Sec. 7. Either party may appeal or prosecute a writ of

error, from the final judgment upon tne report of the audi-

. tors, in the same manner, and upon the same conditions.

wallSwed" as provided by law in other cases. This act to take effect

on the first day of June next.

[Approved, \\th Jan. 1827.]

ADVERTISEMENTS.

In force Dec AN ACT concerning the publication of Advertisements.

211, 182G.

Sec 1 . Be it enacted by the People of the Stale of Illinois

represented in the General Assembly, That when any notice

« ., .or advertisement shall be required by law. or the order of

Certificate of . , .. , , . * J ,, ,.-

printer evi- any court, to be published in any newspaper, the certiti-
deneeofpub- cate of the printer or publisher, with a written or printed
vertUement1' C0P)* of such advertisement annexed, stating the number oft
papers «n which the same shall have been published, and*
the dates of the first and last papers containing the same,
shall be sufficient evidence of the publication therein set
forth.

Sec 2. When any notice or advertisement shall be du-

Advertise-
nienlsto be

paid tor by ly published as aforesaid, relating to any cause or matter
S?rj h"Vir'B depending in any court of record, the same shall be paid
•vned116 m~ by the party at whose instance the same shall be publish-

AMENDMENTS ANP JEOFAILS. 49

<ed; who may exhibit his account therefor, to the proper
court, which account, or s<> much thereof as shall be deem- a»jdt» bett-
ed reasonable, may he taxed as costs, or otherwise allow-
ed in the course of the proceeding to which such adver-
tisement relates. And when such advertisement shall he Public advt.
made by any public officer, authorised by law so to do, i(> be ?&i ! ^or
the reasonable expense thereof, shall he allowed and paid COunty treasti-
out of the state or county treasury, as other demands and ry
charges of the like nature.

[Approved, Dec. 2Qth, 1826-3

ALIENS.
AN ACT to enable Aliens to hold real estate. %^m.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That aliens may take Miens may
and Uold real estate in this state by purchase or descent, ta°te inThe*"
and alienate and transmit the same to their heirs or as- same manner
signs, in the same manner as natural born citizens of this ascit,zens-
state might or could do.

Sec. 2. Every widow, who may. be an alien, or whose ^]ien w^0^
husband may have been an alien, shall be entitled to dow- entitled to
er, according to the laws of this state, in the same manner, dower*
as though she or her said husband were natural born citi-
zens of this state.

Sec. 3. "An act to authorise aliens to purchase and
hold real estate within this state," approved February 6, ,\ct o( isto
1819, is hereby repealed: but rights acquired under that repealed,
act are not hereby affected. This act to take effect on
'he iirst day of June next.

[Approved, 7th Feb. 1827.]

AMENDMENTS AND JEOFAILS.

AJY ACT concerning Amendments and Jeofails. In force ut

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That, by the misprision Misprision of
of a clerk, in any place wheresoever it be, no record or acicrknotto
process shall be annulled or discontinued, by mistaking, ortl,.ecord°CC
in writing, one syllable or one letter too much or too little;
but as soon as the thing is perceived, by challenge of the
party, or in other manner, it shall be immediately abiend-
7

AMENDMENTS AND JEOFAILS.

Power of
«om*t to a-
meiid plead—

TOgS

Conris may
correct mis-
prisions of
sheriffs and

oihers

ed in due form, without giving advantage to the party
that challenges the same, hecause of such misprision; and
the court before whom such plea or record is made, or
shall be depending, as well by adjournment, as byway of
appeal, or error, or otherwise, shall have power and au-
thority, to amend such record and process as aforesaid,
as well after judgment, in any suit, plea, record or pro-
cess given, as before judgment, as long as the same re-
cord and process is before them.

Sec 2. The court in which any record, process, decla-
ration, count, plea, warrant of attorney, writ, pannel or
return is or may be, while the same remains before them,
shall have power to examine such records, processes, de-
clarations, counts, pleas, warrants of attorney, writs, pan-
nels and returns, by them and their clerks, and amend (in
affirmance of judgments of such records and processes) all
that which, to them in their discretion, secmeth to be mis-
prision of the clerks therein; so that by such misprision
of the clerks, no judgment shall be reversed or annulled.
And if any record, process, declaration, count, plea, war-
rant of attorney, writ, pannel or return be certified defec-
tive, otherwise than according to the writing which there-
of remaineth in the offices, courts or places from whence
they are certified, the parties, in affirmance of the judg-
ments of such records and process, shall have advantage
to allege that the same writing is variant from the said
certificate: and that being found and certified, the same
variance shall be, by the said court, reformed and amend-
ed according to the first writing.

Sec. 3. The courts before whom any misprision or de-
fault is, or shall be found, in any record or process, which
is, or hereafter shall be depending before them, as well
by way of appeal or error, as otherwise, or in the returns
(the same made or to be made by sheriffs, coroners or any
other) by misprision of the clerk of any of the said courts,
or by misprision of the sheriffs, under-sheriffs or deputies,
coroners or their clerks, or other officers, clerks, or other
miviisters whatsoever, shall have power to amend such de-
faults or misprisions according to their discretion, and,by
examination thereof by the said courts, to be taken when
they shall think needful; and all such amendments may
be made as well after a judgment given upon verdict,
confession, nihil dicit, or non sum informatics, as upon mat-
ter of law pleaded.

Sec. 4. For errors assigned, or to be assigned in any
record, process, warrant of attorney, writ original or judi-
cial, pannel or return, for that in any places of the same
there be erasures or interlineations, or that there be any

AMENDMENTS AND JEOFAILS. »

addition, subtraction or diminution of words, lotters or ti- Judgments
lies, or parcels ofletters, found in any such record, pro- y^ubr'T-
cos, warrant of attorney, writ, panel or return, no judg- rasure'sw fo-
ment, or record or decree, shall be reversed or annulled. terlin^tions
Sec. 6. Record and process, real and personal or mix- Nevf en ries
ed, whereof judgment or decree shall be given and enroll- or clerks not
ed, or thing- touching such pleas, shall in no wise be amend- t0 imPa"' or
ed or impaired by new entering of the clerks, either by the &™tn P eW
record or things certified, in no term subsequent to that
in which such judgment or decree is or shall be given and
enrolled.

Sec 6. If any issue hath been, or shall be tried by any
court or jury, and be found for either party, in any court ^ ^ fc
of record, then the court by whom judgment ought to be beatayed try
given, shall proceed and give judgment in the same, any "»»P[eari»ngs
mispleading, lack of color, insufficient pleading or jeofail, ro« in plex-
or any miscontinuance, discontinuance, misconceiving of 'ng«
process, misjoining of the issue, lack of warrant of attor-
ney, or any other default or negligence of any of the par-
ties, their counsellors or attorneys to the contrary notwith-
standing; and the said judgments thereof, so to be had
and given, shall stand in full strength and force, to all in-
tents and purposes, according to the said verdict or find-
ing, without any undoing the same by appeal, writ of er-
ror or false judgment, in like form as though no such de-
fault or negligence had ever been had or committed.

Sec 7. If a verdict of a court or jury shall hereafter be After verdict
given, for either party in any court of record, the judg- {"'{f™;^ t,otd
ment thereupon shall not be stayed or reversed by any toVwunu?5
default of form, or lack of form in any writ, original or»jii- torm&c
dicial, count, declaration, plaint, bill, suit or demand, for
want of any writ, or by reason of any imperfect or insuffi-
cient return of any sheriff or other officer, or for want of
any warrant of attorney, or by reason of any manner of
default in process, upon, or after any aid-prayer or vouch-
er; nor shall any such record or judgment after verdict,
to be given hereafter, be reversed for any of the defects
or causes aforesaid.

Sec 3. If any verdict be rendered by the court or jury, Or for any va.
for either party, in any court of record, the judgment ,ij,nceorlack
thereupon shall not be stayed or reversed by reason of ot ayenoent
any variance in form only, between the original writ or
process and the declaration, petition, plaint or demand, or
for lack of an averment of any life or lives of any person
or persons, so as upon examination, the said person be
found to be in life, or by reason that any of the persons in
whose favour the verdict is rendered is an infant, and ap-
peared by attorney.

AMENDMENTS AND JEOFAILS.

Judgments
not to be re-
Ters r| for
wati' of cer-
tain allega-
tions.

Sec. 9. If any verdict shall hereafter be given hy a
Court or jury for either party, in any court of record, judg-
ment thereon shall not be stayed or reversed for any default
in form or lack of form, or by reason that there are not pledg-
es or but one pledge to prosecute returned upon the original
writ, or because the name of the sheriff is not returned
upon the original writ or process, or for default of enter-
ing pledges upon any petition or declaration, or for default
of alleging the bringing into court, any bond, bill, inden-
ture or other deed or writing mentioned in the declara-
tion or other pleading, for default of allegation of bring-
ing into court letters testamentary or of administration,
or by reason of the omission of the words "icith force and
arms" or "against the peace" or for, or by reason of mis-
taking the christian or surname of the plaintifFor defen-
ant, demandant or tenant, sum or sums of money, day,
month or year, by the clerk, in any bill, petition, declara-
tion or pleading, where the right name, surname, sum,
day, month or year, in any writ, record or proceeding, or
on the same record where the mistake is committed, is, or
are once truly and rightly alleged, whereunto the party
might have demurred and shown the same for cause, nor
for want of the averment or words "and this he is ready to
verify" or "and this he is ready to verify by the record " or
for not alleging, "as appears by the record" or that there
was no right venue, so as the cause was tried by a jury of
the proper county, or place where the action is laid, nor
shall any judgment after verdict be reversed, for want of
entering that the person against whom such judgment is
given, "be in mercy" or "be taken" or by reason that the
words "be taken" are entered for "be in mercy" or that the
words "be in mercy" for "be taken" nor for that in the judg-
ment "it is granted" are entered for "it is considered" nor
for that the increase of costs, after the verdict in any ac-
tion, are not entered at the request of the party for whom
judgment is given, nor by reason that the costs on any
judgmentarenotenteredtobebyconsentoftbe plaintiff; but
all such omission, variance, defects and all other matters
of the like nature, not being against the right of the mat-
ters of the suit, nor whereby the issue or trial is altered,
shall be amended by the courts, where such judgments
are, or shall be given, or whereunto the record is or shall
be removed by appeal or writ of error.

Sec. 10. Where any demurrer shall be joined, and en-
tered in any action or suit, in any court of record, the
judges shall proceed and give judgment according as the
very right of the cause and matter in law shall appear uu-
to them, without regarding any imperfection, omission or

AMENDMENTS AND JEOFAILS. 53

defect, for want of form in any writ, return, plaint, decla- On demurrers
ration or other pleading, process or course of proceeding eSe only the
whatsoever, except those only which the party demurring causes set
shall specially and particularly set down and express, to- p^y^etnuV-
gether with his demurrer, as causes of the same, notwith- ring
standing that such imperfection, omission or defect might
heretofore have been take.) to be matter of substance, so
as sufficient matter appear on the said pleadings upon
which the court may give judgment according to the
very right of the cause ; and therefore no advantage or ex- fectsnotcai-
ceplion shall be taken of or for an immaterial traverse, of esofdemur-
or for default of entering pledges upon any petition or de- rei"
claration, or for the default of alleging the bringing into
court any bond, bill, indenture or writing mentioned in
the declaration or other pleadings, or of, or for the default
of alleging the bringing into court of letters testamentary
or of administration, or of or for the omission of the words
"with force and arms," and "against the peace,'1 or either of
them, or of, or for want of the averment or words, "and
this he is ready to verify,'''' or, "and this he is ready to verify
by the record" or of, or for not alleging "as appears by the
record," but the court shall give judgment according to the except speci-
very right of the cause as aforesaid, without regarding any alI-v SfctIorlh
such imperfections, omissions and defects, or other matter
of iike nature, except the same shall be specially and par-
ticularly set down and shown for cause of demurrer: and
no judgment shall be reversed for any such imperfection,
omission, defect or want of form, except such only as are
before excepted. And after demurrer joined, the court
before whom the same shall be pending may, from time to Other defects
time, amend all and every such imperfection, omission, ^bdbrT"*
defect and want of form as are before mentioned, other judgment
than those only which the party demurring shall specially
and particularly set down, together with his demurrer as
aforesaid.

Sec. 11. Every thing hereinbefore contained shall ex-
tend to all judgments which shall be entered upon confes- S^
sion, "nil dicit" or "non sum informalus," in any court of fession not to
record; and no such judgment shall be reversed: nor any beij^lsed

:, 1 4 J . 5 n r. . ' '\ for defects

judgment upon any writ of enquiry of damages executed which wooM
thereon shall be staved or reversed for, or bv reason of ha*cbeen c?^
any imperfection, omission, defect, matter or thing which ledb> vcrd*£
would have been aided and cured by this act in case a ver-
dict had been given in such action or suit, so there be an
original writ, duly issued according to law. Writs ofman-

Sec. 12. This act shall extend to all suits in anv court <!;<™us&q;<o
of record for (he recovery of any debtee the state, or inSu^this
«nv duty or revenue thereto belonging, and also to all ;ic*

54 APPRENTICES.

writs of mandamus and informations in the nature of qu^

warranto and proceedings thereon.
. Sec. 1A All writs of error, wherein there shall be any

rortavbu- variance from the original record, or any other defect, may
raended and shall be amended, and made agreeable to such record

by the respective courts where such writs of error are or

shall be made returnable.
_ c Sec 14. No part of this act shall extend to any indict-

Frovisions of , r . - ... J

this ict not ment or presentment lor any criminal matter or process
extended to upon the same; nor to any writ, action or information up-
S^iTases on 'dny P°Pular °r penal statute; nor to any outlaw, or
process thereupon in order thereunto.

Sec 15. All acts and parts of acts coming within the
Acts repealed purview of this act, are hereby repealed: Provided, node-
feet in any proceeding heretofore had, shall be cured or
affected by the repealing clause of this act. This act to
take effect on the first day of June next.

[Approved, Jan, 11,1 827.]

APPRENTICES.

in force fust AN ACT respecting Apprentices*

Ju!} 1827. r s ir

♦ Sec 1. Be it enacted by the People of the State of Illinois^

represented in the General Assembly, That if any male per-
Maies under son within the age of twenty-one years, or female within
21 & lemales the age of eighteen years, now is, or shall hereafter be
under 18 ma» bound by an indenture of his or her own free will and ac-
cd with their cord, and by and with the consent of his or her father, or in
own and the case 0f the death of his or her father, with the consent of
their parent ms or ner mother or guardian, to be expressed in such in-
or guardian denture, and signified by the signature and seal of such
parent or guardian affixed to such indenture, and not other-
wise, to serve as a clerk, apprentice or servant in any art
or mystery, service, trade, employment, manual occupa-
tion or labor, until he or she arrive, if male, to the age of
twenty-one, if female, to the age of eighteen years, as the
case may be, or for a shorter term, then the said clerk, ap-
prentice or servant so bound as aforesaid shall serve ac-
cordingly. Provided, That in all cases of illegitimate
Mother the children, the mother, or in case of her death, the guar-
guanlian ofil- dian shall be considered the proper person to give the con-
<iSrene sent required in this section, and, provided further, that it
shall be lawful for any male infant under the age of tvren-
ty-onc years, or any female under the age of eighteen
years, and who shall have no parent or guardian living in

APPRENTICES. $*

this state, or whose parents shall be dead, by and with the Infants having
approbation of the judge of probate, or of any two justices .JElTy
of the peace of the county where such infant shall reside, bind them-
to bind himself or herself as a clerk, apprentice or servant J£lves witjj
as- aforesaid, which approbation shall be endorsed on the tfonofthe
indenture, and every such indenture shall be valid and JU,,S** ol i>r<>-
bh ding; and one copy thereof shall be filed in the office j,,.^ &i"he
of the judge of probate for safe keeping. peece

Sec. 2. When the father is not in legal capacity to give
the consent aforesaid, or when he shall have wilfully aban-
doned his family, for the space of six months without mak- » inca^eS-
ing suitable provision for their support, or has become a ed the mothea
habitual drunkard, the mother shall have the same power *™ J .bin<i tM
to give such consent as it the father were dead; which
facts of incapacity, desertion and drunkenness shall be de-
cided and found in the court of probate by a jury of the The fact of
vicinage empannelled for that purpose, before the said incapacity tc
indenture shall take effect; and an endorsement on the jury"6 y*
said indenture under the seal of the court, that the same
are approved by the court, shall be sufficient evidence of
the mother's power to give such consent as aforesaid. But
if the jury so empannelled as aforesaid shall not find the ProvisoasU>
facts charged ; towit, incapacity, desertion or drunkenness,
then the person at whose instance such proceedings may
have been had, shall pay all costs attending the same, to
be collected by the court of probate as costs in other cases.

Sec. 3. It shall be lawful for any two overseers of the when over-
poor, in any county of this state, by and with the consent of J^™1^
the judge of probate, or for any two justices of the peace, poor children.
in any county of this state, to bind out any poor child, who
is or shall be chargeable to the county, or shall beg for
alms, or shall be unable by reason of infancy or inability,
to take care of, and support himself or herself, or whose
parents are or shall be chargeable to the county, or shall
beg for alms, or the child of any poor and needy family,
when the father is a habitual diunkard, or otherwise una-
ble or unwilling to support his family, or if there be no fath-
er, where the mother is of bad character, or suffers her chil-
dren to grow up in habits of idleness, without any visible
means of obtaining an honest livelihood, to be apprentices
as aforesaid, according to their degree and ability, until
such child if a male shall arrive at the age of twenty-one
years; if a female to the age of eighteen years, and the
indentures or articles of agreement for binding any such
infant shall be as effectual to all intents and purposes, as if
such infant had bound himself or herself. One copv of
such indentures,or articles of agn t n II be filed in ,' f|" ™he

the office of the judge of probate lot sate keeping. And probwe «*&<>*«

56 APPRENTICES.

it shall be the duty of the justices of the peace or judge
of probate, to see that the terms of the said indentures
and contracts be fulriled, and that such child be not ill us-
ed.
P°ye»Myrt«tn gEC# 4# In all indentures and contracts hereafter made,
Indentures. '" f°r tne binding or putting out of any child as a clerk, ap-
prentice or servant, there shall always be inserted among
other covenants, a clause to the following effect: "That
the master or mistress, to whom such child shall be bound
as aforesaid, shall cause such child to be taught to read
and write, and the ground rules of arithmetic; and shall
also give unto such apprentice, a new bible, and two new
suits of clothes, suitable to his or her condition, at the ex-
Proviso, as to piration of his or her term of service:" Provided, hozcever,
rauiuweT ' That wnen sucb apprentice is a negro or mulatto child, it
shall not be necsesarv to insert in said indentures, that
such negro or mulatto shall be taught to write, or the
knowledge of arithmetic.

Sec. 5. The age of any infant who shall be bound to
Age to be in- gerve as a clerk, apprentice or servant, according to the
dentures ' "" preceding sections, shall be inserted in his or her inden-
tures.

Sec. 6. All indentures, covenants, promises, and bar-

Indentures (a- gains, for having, taking or keeping any clerk, apprentice

to"his taw to or servant, hereafter to be made or taken, otherwise than

he void. is limited and prescribed by this act, shall be utterly void

in law, as against such clerk, apprentice or servant.

Sec. 7. The judge of probate, or any two justices of
The judge of {]le peace shall at all times receive the complaints of ap-

nrobaieoranv « 7 . . , ... . ., . ,. .. r i • i

two justices ot prentices, who reside within the jurisdiction oi such judge
vhe peace to or justices, against their masters or mistresses, alleging
!Ice',vec T^T undeserved, or immoderate correction, unwholesome food,
prentices. insufficient allowance of food, raiment or lodging, want oi
sufficient care or physic in sickness, want of instruction in
their trade or profession, or the violation of any of the
agreements or covenants in indentures of apprenticeship
th^m^sSiTor contained, or that he or she is in danger of being remov-
es'-ess to ap- ed out of the jurisdiction of this state; and shall cause
pear before such masters 0r mistresses to be summoned before them,
and shall on the return of the summons, whether such mas-
ter or mistress appear or not, hear and determine such cau-
ses, in a summary way, and make such order thereon, as
in the judgment of the said judge of probate, or two jus-
tices of the peace, will relieve the party injured in future;
and shall have authority, if said judge or two justices
think proper, to discharge such apprentice of and from his
or her apprenticeship or service. A ;d in case any money
or other thing, shall have been j>aid, given, or contracted

com-
O' nias-

make restitu-
tion.

APPRENTTCFS. #

or agreed for by either party in relation to the said appren-
ticeship or service, shall make such order concerning the Nut if soch
same, as the said judge or justices of the peace shall deem IT bound by
just and reasonable. And if the said apprentice so dis- th. -judge ot

charged, shall have been bound originally by a judge 6f?J°}%te<)? .

, * . .. r ,, fe . J J. J, o_ justic- s of the

probate or two justices of the peace, it shall be the duty peace, he may

of the court granting the discharge, again to bind him or be re bound.

her, if said court shall judge proper.

Sec. 8. The said judge of probate, or any two justices v m
of the peace shall, on the complaint of masters or mistres- plaint
Bes, issue a warrant against any apprentice for desertion, ter or mistress
without good cause, or for any misdemeanor, miscarriage prob^e^r0
or ill-behavior, and may punish such apprentice or servant two justices o?
according to the nature and aggravation of his or her of- J^ a
{awe, by imprisonment not exceeding ten days; and in ad- warrant
dition to the above punishment where the offence shall against the
be desertion without good cause, the court may order the aPPrenUee
said apprentice or servant guilty thereof, to make restitu- And may ora-
tion by the payment of a sum not exceeding eight dollars derhim
for each and every month he or she may be so absent, to
be collected as other debts, after such servant or appren-
tice shall become of full age. The awarding of costs on Costs may be
proceedings under this and the preceding sections, shall awarde(1-
be in the discretion of the court. An appeal to the circuit Appeal allow-
court from any decisions made under this or the preceding ed to the cir-
sections, shall be allowed to either party, upon the party cuit courtl
appealing, entering into a bond, with good and sufficient
security, in the penalty of one hundred dollars, condition-
ed to prosecute such appeal to effect, and to abide by and
perform the decision of the circuit court in the premises: i(s judgment
which court shall hear and decide such appeal, upon the final,
same principles as the said judge of probate or justices
ought to have heard and decided the original complaint.
The decision of the circuit court shall be final and con-
clusive in the premises, and shall not be subject to appeal
or writ of error. The bond above mentioned, shall be
entered into before the clerk of the circuit court, who
shall thereupon proceed in said appeal as is directed by
law, in cases of appeal from the decisions of justices of
the peace in other cases.

Sec. 9. Every person who shall counsel, persuade, en- Penalty for
tice, aid or assist any clerk, apprentice or servant, to run- advising ap«

i i • J m> . 1 r \r r ^i ■ r u- prentice to

away or absent himself or herself from the service or nis runaway or
or her master or mistress, or to rebel against, or assault assault his
his or her master or mistress, shall forfeit and pay a sum ma8ter*
not less than twentv, nor more than five hundred dollars,
ft) be sued for and recovered by nction on the case, with.

63 APPRENTICES.

costs, by such master or mistress, in any court having jo-
risdiction thereof.

Sec. 10. Every person who shall entertain, harbor or
harboring conceal any clerk, apprentice or servant, knowing such
runaway ap- clerk, apprentice or servant to have runaway, or to have
preutices. absented himself or herself from the service of his or her
master or mistress without leave, shall forfeit and pay one
dollar for every day's entertaining, harboring or conceal-
ing as aforesaid ; to he sued for and recovered by action of
debt with costs, by such master or mistress, in any court
having jurisdiction thereof.

Sec. 1 1. The executor or executors who are, or shall
Executor be by the last will and testament of a father, directed t*
may hind out bring up his child or children to some trade or calling,
casae^emm shall have power to bind such child or children, by inden-
ture, in like manner as the father if living might have
done, or shall raise such child or children according te
such directions.

Sec. 12. It shall not be lawful for any master or mis-
Not to be re- tress, to remove anv clerk, apprentice or servant bou: d to

iriOVt'fi out of , . , „ * . i l r ,. , . , • r

the state. him or her ?lS aforesaid out of this state; and if at any
time it shall appear to any judge, or justice of the peace,
upon the oath of any competent person, that any master
or mistress is about to remove, or cause to be removed,
any such clerk, apprentice or servant out of this state, it
shall be lawful for such judge or justice, to issue his war-
rant, and to cause such master or mistress to be brought

_ , before him, and if upon examination, it appear that such

Power and ' , . " . . V,

diry of judge apprentice, clerk or servant, is in danger of being remov-
ot p •■We ed without the jurisdiction of this staie, the judge or
bMhcpeaee justice maj require the master or mi-tress to enter into
to such cases, recognizance, with sufficient security, in the sum of one
thousand dollars, conditioned that such apprentice, clerk or
servant, shall not be removed without the jurisdiction of
this state, and that the said master or mistress will appear
with the apprentice, clerk or servant before the circuit
court, at the next term thereof, and abide the decision of
the court therein; which recognizance shall lie returned
to the circuit court, and the -aid court shall proceed there-
in,in a summary manner,and may discharge or continue the
recognizance, or may require a new recognizance, and
otherwise proceed according to taw and justice. But \i
the master or mistress, when brought before anv judge or
justice, according to the provisions of this section, will not
enter into a recognizance as aforesaid, if required so to
do. it shall be lawful for such judsje or justice to commit
the custody of such apprentice, clerk or servant to some

APPRENTICES. (g

joiher proper person, who will enter into recognizance as
aforesaid.

Sec. 13. Whenever any master or mistress of any J^**^™*-
elerk, apprentice or servant, bound by the court as afore- surrender a^
said, shall wish to remove out of this state, or to quit his prentice,
or her trade or business, it shall and may be lawful, for
him or her, to appear with his or her apprentice, before
the probate court of the proper county; and such court
shall have power if they deem it expedient, to discharge
such clerk, apprentice or servant from the service of such
master or mistress, and again bind him or her if necessary,
to some other person of the same trade, business or em-
ployment.

Sec 1 4. When any person shall become bound as clerk, Bound to two
apprentice or servant, according to the provisions of this w rao5 e: '?.
act, to two or more persons, and one or more of them die be- ot one, con-
fore the expiration of the term of service,, the indentures trac' remain*
and contracts ?hall survive to, and against such survivor or ^toT'"3'
survivors; and in case of the death of all the masters or
mistresses in any such indenture or contract named, be-
fore the expiration of the term of service, the executors
or administrators shall bring the indenture and contract, Du,.v ofce*e~
and the clerk, apprentice or servant therein named, be- such cases.
fore the court of probate of the proper county, and such
court shall if necessary ,. again bind such apprentice, clerk
or servant to some other person.

Sec. 15. Any clerk, apprentice or servant, bound ac-
cording to the provisions of this act, who shall absent lfaPPrentice
himself or herself from the service of his or her master or absent himself
mistress, without leave first obtained, or who shall runa- master may
way, so that the master or mistress shall be deprived of [^ after fu[J
his or her service, during the remainder of the term, or a^e of appFeu-
any part thereof, for which he or she was bound to serve, Uce*
then and in that case, it shall and may be lawful for the
master or mistress of such clerk, apprentice or servant, to
have an action on the case, in any court of Competent ju-
risdiction against such clerk, apprentice or servant, after
he or she arrives at full age, for the damage that such mas-
ter or mistress may have sustained, by reason of the ab-
sence of such clerk, apprentice or servant: Provided, proViso.
That such action shall be brought within six years, after
such clerk, apprentice or servant shall arrive at full age.

Sec. 16. All acts and parts of acts coming within the
purview of this act, are hereby repealed: Provided, That
nothing herein contained, shall be so construed as to affect
or impair the obligation of any existing indentures or
contracts whatever. This act to take effect on the first day
of July next. [Approved, 30th Dec. 1 826.]

APPROPRIATIONS.

17 1827 C * "^" dCT making Appropriations for the years om thousand
eight hundred and twenty-seven and twenty-eight.

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That the sum of seven
thousand state paper dollars, is hereby set apart and ap-
propriated as a contingent fund to meet the contingent
expenses of the state for the years one thousand eight hun-
dred and twenty-seven and twenty-eight. All moneys
arising from the different sources of revenue, and paid in-
to the state treasury during the years aforesaid, except the
fund appropriated for contingent expenses, shall be a gen-
eral fund for all disbursements made by law. The said
contingent fund shall be subject to the order of the gover-
nor, for the payment of any expenses which may be neces-
sary and unforeseen by the legislature, and for printing
and distributing the laws and journals of the present gen-
eral assembly, a statement of which shall be laid before
the next general assembly, in his biennial report.

Sec. 2. There shall be paid out of any moneys in the
treasury not otherwise appropriated, on the warrant
of the auditor, to the different persons hereinaf-
ter named, the several sums annexed to their respective
names, to wit: To John Delaplain, twenty-nine dollars
and three cents, state paper; to Thomas Redman, nine-
teen dollars and sixty-four cents, state paper; to Essex &
Houghan, fifty-four dollars and thirty cents state paper;
to George Forquer, fifty-five dollars and forty-three cents,
in state paper; to C. B. Fletcher, twenty-five dollars and
forty-four cents, in state paper; to Robert Blackwell for
blanks for the auditor's, secretary's and treasurer's offices,
one hundred and thirty-one dollars and forty-three cents,
state paper; to Green and Markee, two dollars and eighty-
six cents, state paper; to Joseph Enos, fourteen dollars
and forty-six cents, state paper; to James Black, fifty-one
dollars and seventy-three cents, state paper; to Elijah C.
Berry, seventy-eight dollars and seventy cents, state paper,
as per vouchers from 1 to 3 inclusive; to E. C. Berry, as
adjutant general, for stationary, thirteen dollars and fifty-
seven cents, state paper; to Charles Prentice, five dollars
and thirty-six cents, state paper; to the secretary of state
for clerk hire in copying and preparing the laws of the
present session, and for a perron to make marginal notes
and an index to the same, four hundred dollars, state pa-
per; to Robert Blackwell, for printing executive mes^
sages, rules and joint rules, reports, bills, and other doctr-

Contingent
fund

General fund

Contgt fund
subject tr» or-
der ot Gov.

Statement to
be laid before
legislature

Appropria-
tions to

J. Delaplain

T, Redman
Essex &
Houghan
G. Forquer

R. Blackwell

Green&e Mar*
kee

J. Enos
J. Black

R. C. Berry

Adjt. Gen.
C. Prentice

Bee'y of State
U. Blackwell

APPROPRIATIONS. 81

merits, by order, and for the use of the general assembly,
i le present session, three hundred and sixty-one dollars
and- thirty-five cents, state paper; to Thomas Lippincott, T- Lippmcott
for copying the revised laws reported by the judges of the
supreme court, and prefixing marginal notes thereto, one
hundred and fifty dollars, state paper; to Thomas Redman, T. Redman
four dollars and twenty-eight cents, state paper; to Alfred A Cowles
Cowles, for services rendered as assistant clone in the
house of representatives, fifty-four dollars, state paper; to
the clerk of the house of representatives, for furnishing a
copy of the journals to the public printer, three hundred
state paper dollars; to the secretary of the senate, for a Sec'y Senate
copy of the journal of the senate of the present session,
for the public printer, two hundred and twenty-five dol-
lars. Id state paper; to James O. Wattles, James Hall, J^iTb'm
Richard M. Young, and Samuel M'Roberts, for their ser- Yourg&S.
vices during the present session, in assisting in digesting to«ttoberte
the statutes, the sum of one hundred state paper dollars
each; the sum of four state paper dollars per day for six
days service of James O. Wattles as clerk to a committee; j 0 Wata
the sum of four state paper dollars per day for six days'
service of John Hacker, as sergeant-at-arms to said com- J. Hacker
mittee; and the sum of four state paper dollars per day,
for eight days1 service of Edward Mundy, as clerk to an- Mundy
other committee; to Richard M. Young, for services ren- r, m.Youdb
dered as clerk to the select committee of the house of rep-
resentatives appointed to inquire into the official conduct
of the late president and directors of the Edwardsville
branch bank, from the 27th of January until the 13th day
of February inclusive, being sixteen days, at four state
paper dollars per day, sixty-four dollars; to Singleton H.
Kimmel for services rendered the same committee as ser- s H K,mme!
geant-at-arms, fifteen days at four state paper dollars per A Mijjep
day, sixty dollars; to Alexander Miller, cashier of the Ed-
wardsville branch bank, for twelve days' attendance as a
witness, at the request of the committee, at one dollar and
fifty cents state paper per day, eighteen dollars; to Alex- A. Miller
ander Miller, for twelve days' hire of a horse and wagon
to transport bank books, &x. to and from the seat of go-
vernment, and for transporting books, &c. thirty dollars,
State paper; to same for 5542 words in copies of records
and correspondence, furnished at the request of the com-
mittee, at fifteen cents for every seventy-two words, elev- \y,P. M'Kec
en dollars and fifty cents, state paper; to William P. M'-
Kee, of Edwardsville, for twelve days' attendance as a wit-
ness, at the request of the committee, at one dollar and fifty
cents state paper per (lay, eighteen dollars; to Nathaniel NT Buckmas-
Buckmaster, of Edwardsville, tor twelve [days'] attendance ter

APPROPRIATIONS.

T 5. M'Guire

A. Field

A. B. Dake

J raid well, J
SMriall, T F

Vaught and J
Warnock

B Green

J Shaw

JWhitiock

RKYl'Laugh
tin

C Prentice

J Turney

J M Duncan

J Chance

H Ball

W Nichols

-as a witness, at the request of the committee, at one dollar
and fifty cents state paper, per day, eighteen dollars; to T.
J. M'Guire, for eight days' attendance as a witness, at the
request of the committee, at seventy-five cents state paper
per day, six dollars; to A. Field, late treasurer, for money
by him expended, for clerk hire, house rent, fuel and sta-
tionary, six hundred and sixty-four state paper dollars; to
Arnold B. Dake, late brigade inspector of the second bri-
gade, second division Illinois Militia, sixty-four dollars,
state paper; to John Caldwell, John Siddall and Thomas
F. Vought, each twenty-four dollars, state paper; to John
Warnock, for postage on the public letters and documents,
sixteen dollars and twenty-five cents, state paper; to
Bowling Green, for furnishing benches in the lobby, and
lock to the door, two dollars and fifty cents, state paper;
the sum of seventy-five cents of state paper per day to
John Shaw, for his attendance on the committee as a wit-
ness, for six days; to James Whitlock, the sum of one hun-
dred and fifty state paper dollars, for his assistance ren-
dered the engrossing and enrolling clerks at the present
session of the general assembly; to R. K. M'Laughlin,
late treasurer, one hundred dollars, being the amount of
a counterfeit bank note received by him while treasurer
of the state; to Charles Prentice, four dollars state paper
for half ream of writing paper; to John Turney, sixteen
state paper dollars for his services as assistant secretary to
the senate; to James M. Duncan, for room, fire wood, &c.
furnished the judges when digesting the statutes, twenty-
eight dollars and fifty cents, state paper; to Joseph Chance^
for benches furnished the lobby of the senate, seven dollars,
state paper; to Horatio Ball, the sum of five dollars, as
secretary pro tern, of the senate; to William Nichols, the
sum of five dollars, state paper, for administering the ne-
cessary oaths to the newly elected members of the senate

[Approved^ nth Feb. 1827.}

PARTIAL APPROPRIATION.

In force, 8th
Jan. 1827

AN ACT making a partial appropriation for the members
and officers of the General Assembly.

Sec. 1. Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That the auditor of puh-

Apprnpria- j- accounts is hereby required to draw his warrant on the

tiot.s 10 mem- . /» i > i i n •

>d*>ffi- treasury for the sum of one hundred dollars in specie to
eers of g< nei- each mernber of this general assembly, and a like warrant

APPROPRIATIONS. 63

to the speaker of each house, the secretary of the senate,
clerk of the house, to each of the engrossing and enrolling
clerks, and door keepers of hoth houses; any law in this
state to the contrary notwithstanding: Provided, That the
auditor shall, if required, issue said warrant for state pa-
per at the same rate that it is paid to other officers of go-
vernment, at the time such warrant is issued.

. [Approved, 8//1 Jan. 1827.]

AN ACT

In force

* • y> •*-»•! »in force

Making appropriations for building certain Bridges on the Jan 23, 1827

Bounty Lands.

Sec. 1 . Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the sum of two APPr°Pr[a"

i r , i i ii i -iii • i . *i " lions to the

hundred dollars be appropriated and paid to the county of counties of
Peoria, for the purpose of building a bridge across Kicka- Pe0«a
poo creek, in said county; the sum of three hundred dol- p
lars to the county of Fulton for the purpose of building a
bridge across Spoon river in said county; the sum of three
hundred dollars to the county of Schuyler, for the purpose Schuyler
of building a bridge across Crooked creek, in said county;
the sum of two hundred and fifty dollars to the county of
Adams, for the purpose of building a bridge across Mill idamsand
Creek, in said county; and the sum of two hundred and pike
fifty dollars to the county of Pike, for the purpose of build-
ing a bridge across Bay Creek, in said county; said sums
of money to be paid in state paper, at par: Provided, said
bridges be erected on public highways and kept in repair,
by the counties in which they are situated.

Sec. 2. The sites of said bridges shall be chosen by the Sites chosen
©ounty commissioners of the counties respectively in which sioners
they are to be erected; and the construction of them shall
be under the control and direction of said commissioners.
And for the purpose of entering into contracts for the Cor"mi\t^
building of such bridges, the county commissioners of each
of the counties aforesaid shall, previous to the first day of
April next, give at least three weeks' notice under their
signatures in each of the election precincts of the county,
at the usual place of holding elections, of the day and
hoar when they will attend at the court house of their
county, and let out the same to the lowest bidder; which
notice shall also contain a description of the bridge to be
built, and the' time within which it i- to be completed.
And the person or persons who shall be the lowest bidders

G4 ARBITRATIONS AND REFERENCES.

giv^bond1,10 orbidders> slial] have the contract, upon his or their en*
teringinto bond, with one or more sufficient securities, in
double the amount of his or their contract, to the county
commissioners of the county in which such bridge is to be
built, for the use and benefit of such county, for the faith-
ful performance of said contract.

Sec. 3. Whenever either of said bridges shall be com-
Idaudi^to" Pleted' and the ract of its completion be certified by the
\rraiits c°unty commissioners of the county in which such bridge
shall be built, to the auditor of public accounts, he shall
draw his warrant on the treasurer in favor of such com-
missioners for the sum appropriated bv the first section of
this act, for the purpose of building such bridge.

[Approved, Jan. 23c/, 1827.]

issue warrants

ARBITRATIONS AND REFERENCES.

In force

July i, 1827 AN ACT regulating Arbitrations and References.

Sec. 1. Be it enacted by the People of the State of Illinois,
Dis ufa represented in the General Assembly, That all persons desi-

re- agree to rous to end any dispute or controversy by arbitration, for
submit to ar- which there is no other remedy but by action at law, or
itrators c gujt m eqUjtv? may agree that the>r submission to arbitra-
tion shall be made a rule of the circuit court, and may in-
sert such their agreement in the submission, or in the con-
By submission ditioh of the bond or promise; which agreement, on pro-
in writing and ducing an affidavit of the due execution thereof, and filing
rueo coun -^ -R ^ court, may be entered of record, and a rule of
court shall thereupon be made, that the parties shall sub-
mit to, and be finally concluded by such arbitration; or
Or by person- such persons desirous to end any dispute or controversy as
ai appea»we aforesaid, may personally appear before the circuit court,
in open court and acknowledge that they have mutually agreed to refer all
their matters of difference, or any particular dispute to the
arbitrament of certain persons by them agreed on and
named: on their desiring such submission to be made a
rule of court, the same may be entered of record, and a
rule of court shall be made, that the parties shall submit
to and be finally concluded by such arbitration. In eith-
Jodgmentpn er of the above" cases, when "the award shall be for the
pavment of money only, the same being returned into,
and accepted by the court, judgment shall be rendered
thereon for the party i ivorthe award is made, to

recover the sum awarded, to be paid to kim, together with
the costs of arbitration and the costs of court, and execu-

ARBITRATIONS AND REFERENCES. 65

tion may issue thereon accordingly. No judgment shall No ju^ment

i J . i j i -, i ii b .i sliall b* enter-

be entered on any such award, unless it sliall appear to the e)1 UI,itss,t

court that a copy of the award and notice to appear and appear that a
shew cause why judgment should not be entered, on the ^Vand no^
same, has been previously served on the part) to be charg- tice to the op-
ed with the judgment, at least four days before the motion l^da'The-*
for judgment shall be made: no judgment shall be enter- tore motion
ed on motion as aforesaid, after one year from the time of for judgment
making the award.

Sec. 2. When the award shall be for the performance

/• ■ . . i i * • A. Obedience

ef any thing other than the payment of money, the same mayDe en-
beiug returned into and accepted by the court as afore- forced
said, obedience thereto may be er. forced in the said court,
by attachment, in the same manner, as obedience may be
compelled to any other rule of court.

Sec i. Any arbitration, umpirage or award, procured \n award or
by < orruption or undue means, shall be judged void, and ump.rage pro
may be set aside in law or equity; in equity, by proceed- cured bj cor-
• J • • i • -ii j ± i +• • A i. ruption, void

mgs on original bill, and at law, on motion in the court ■

wnere submission is made a rule of court, or where any

suit or proceedings shall be instituted on the arbitration objection to

bond, submission or award. Complaint must be made of fore^udgt/""

such curruption or undue practice, before final judgment

upon the said bond, submission or award.

Sec. 4. When any personal action shall be pending in
the circuit court, and the parties desire to refer the same, u°" *ctm"*
it may be done by a rule of the court, the report of the re- bTreterred'
ferees being approved by the court, and entered of record,
shall have the same effect as the verdict of a jury, and the
like judgment shall be entered upon it as if the same find-
ing had been by a jury ; the costs of the reference shall be
taxed with the other costs of the suit.

Sec. 5. The several clerks of the circuit courts and JJ^SJ1^
the justices of the peace in their several counties, may n^sestoat-
issue subpoenas for the attendance of witnesses before ar- tend before
bitrators and referees: If any witness, after being duly
summoned, shall fail to attend, the arbitrators or referees penauieSfor
may issue an attachment to compel his attendance, and witnesses re-
the said witness shall moreover be liable to the party for ,u8,ng
refusing to attend the same as in trials at law. The arbi- Arbjtrators
trators and- referees m;iy administer oaths and affirmations may a^minis-
to witnesses; may punish contempts committed in their !furn^,Jhforand
presence during the hearing of a cau-e, the same as a contempt
court of record; may continue the hearing of a cause from
time to time upon good cause shewn, and may admit de- Maycontmut
positions to be read in evidence, the same as in trials at
law.

Sec G. Each arbitrator and referee shall before he
9

ATTACHMENTS.

flTheir cor
peusation

^rj^™^rst0 proceeds to 'the c!uties of his appointment take an oath or
affirmation, faithfully and fairly to hear and examine the
cause in question, and to make a true and just report or
award, (as the case may he,) according to the best of his
skill and understanding; which oath or affirmation, any
judge or justice of the peace of this state is authorized
and required to administer.

Sec. 7. Each arbitrator and referee shall be allowed for
every day's attendance to the business of his appointment
one dollar, to be paid in the first instance, by the party in
whose favor the award or report shall be made, but to be
-recovered of the other party with the other costs of suit if
the award or report shall entitle the prevailing party to
-recover costs. Witnesses shall receive the same fees for
attendance at arbitrations and references, as shall be al-
lowed them in the circuit courts. Sheriffs, constables,
clerks and justices of the peace, shall be entitled to the
same fees for services performed in relation to any arbi-
tration or reference, as shall be allowed' by law for the
like services in their respective courts.

Sec. 8. The act entitled "An act authorizing and regu-
lating arbitrations," approved February 25, 1819, is here-
by repealed.

This act to take effect from the first dav of July next.

[Approved, Jan. 6, 1827.}

"Witnesses,
•h.'fffs and o
th< i- officrs
allowed fees

Former acts
repealed

ATTACHMENTS.

In force 1 st
fruoe, 1827.

On complaint
attachments
msv be issued
by tie clerks
■of the circuit
courts

Vatuiv of the

complaint

Substance of
wnt of attach-
ment

JIN ACT concerning Attachments*

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That if any creditor or
his agent, shall make complaint, on oath or affirmation, to
the clerk of the circuit court of any county in this state,
that his or her debtor is about to depart this state, or has
departed from this state, with the intention in either case
of having bis effects and personal estate removed without
the limits of this state, or stands in defiance of any officer,
authorized to arrest him or her, on civil process, so that
the ordinary process of law, cannot be served on such debt-
or; and if such creditor or his agent shall also make oath
or affirmation, that such debtor is indebted to such credi-
tor in a sum exceeding twenty dollars of lawful money
of the United States, specifying the amount and nature of
such indebtedness, it shall be lawful for such creditor, to
sue, or cause to be sued out of the office of the said clerkl

ATTACHMENTS. oT

a writ of attachment, directed to the sheriff of the county
in which he is clerk, returnable as other writ> are, to the
circuit court for said county, commanding him to attach
the said debtor, by all and singular, his or her lands and tene-
ments, goods and chattels, rights and credits, moneys and
effects, of what nature soever, or so much thereof as will
be sufficient to satisfy the debt so sworn to, with interest
and costs of suit, hi whose; soever hands or possession the
same may be found in his bailiwick. It shall be lawful for
such sheriff to serve and levy such attachment upon the
lands and tenements, good:? and chattels, lights and credits,
moneys and effects of such debtor, within his bailiwick,
wherever the same may be found, or in the hands of any per-
son indebted to, or having any effects of such debtor, and
to summon such person as garnishee, to appear at the
court to which the attachment is returnable, there to an-
swer upon oath or affirmation, what amount he or she is
indebted to the defendant in the attachment, or what effects
of such defendant he or she hath in his or her hands, or
had, or was indebted at the time of serving such attach-
ment, and what effects, or debts of the defendant there
are in the hands of any other person or persons, to his oranrelur >
her knowledge or belief: which attachment, being duly
returned served, and setting forth in what manner such
service has been made, and if, on a garnishee, the court
may thereupon compel such garnishee to appear and an-
swer as aforesaid, there shall be allowed to such garnishee,
out of the effects attached, a reasonable sum, for his or
her attendance.

Sec. 2. When any person who shall be an inhabitant of When & how
any state, territory or country, without the limits of this att:icbment
state, so that he or she cannot be personally served with
process, shall be indebted to any person a resident of this
state, and hath any estate, real or personal, within the
same, any of the said clerks may issue an attachment
against such estate of such foreign person under the rules,
restrictions and regulations in this act contained, so far
as the same shall be applicable; and on the further condi- Additional
turn that the person praying such attachment, his agent or 0atl0fP l
attorney shall, in addition to the oath or affirmation of the
-residence of the debtor or debtors, and the sum due:
^wear or affirm that he or she verily believes, he or
is unable to collect his or her debt so due from such
debtor or debtors, by due course of law, in the state or
territory, or place o"- residence of such debtor or debtors;
which place of residence, if known, shall also be set forth
' or common certainty.
Sec. 3. When two or more persons, not residing in

titt

ATTACHMENTS.

both are nou
reBident

If plaintiff be
absent he ma;,
act b) agent

Attachments this state, are jointly indebted, either as joint obligor;,
dfbro. sphere partners or otherwise, then the writ or writ, of attach-
ment shall and may be issued against the separate and
joint estate of such joint debtors, or any of them, either by
their proper names, or by, or in the name or style of the
partnership, or by whatever other name or names, such
joint debtors shall be generally reputed, known or distin-
guished within this state, or against the heirs, executors
or administrators of them, or either, or any of them, and
the lands and tenements, goods and chattels, rights, credits
and effects of such debtors, or either, or any of them, shall
be liable to he seized and taken for the satisfaction of any
just debt or other legal demand, and may be sold to satis-
fy the same. The oath or affirmation of non-residence
and indebtedness shall be made before, and filed with the
clerk of the circuit court of the county from whence the
attachment issues, and shall also state the residence of the
debtors, and the inability to collect the demand at the
place of residence of the debtors as is required in the
preceding section.

Sec. 4. If the creditor or plaintiff in the attachment be
absent from, or non-resident of this state, it shall, and may
be lawful for such creditor, by himself or agent, or attor-
ney, to attach the estate and property of his debtor, both
real and personal, that may be found in this state, in any
or all of the cases provided for by this act, and the oath or
affirmation required by any of the preceding sections may
be made by such agent or attorney, and the like proceed*
ings may be had thereon, as if such oath or affirmation
had been made by the creditor or plaintiff in proper per-
son.

Sec. 5. So much of the oath or affirmation in the se-
Oathnotre- cond and third sections as requires the creditor, or his a-
ALreAin„cer" gent or attorney to state that he or she is unable to collect
the amount of his or her debt or demand, from his or her
debtor or debtors, by due course of law, in the state or
place of the residence of such debtor, shall not be required
when the debtor was a resident of this state at the time of
contracting such debt, or creating such demand.

Sec. 6. If any creditor, his, her or their agent shall
make oath to a justice of the peace of any county in this
state, that any person is indebted to such creditor, in a
sum of not less than five nor more than twenty dollars, and
such debtor so absconds or conceals himself or herself, or
stands in defiance of a peace officer authorized to arrest
him or her on civil process, so that a warrant cannot be
served on him or her, such justice shall take bond and se-
curity, as in this act is directed, and grant an attachment

tain cases

Justices may
issuf attach-
ments in cei-
tain cases

ATTACHMENTS. i>9

against so much of the personal estate of such debtor as
shall be of value sufficient to Batisfy the debt and co:?ts of
the party praying such attachment, directed to any con-
stable of his county, and returnable before himself; who
shall and may proceed thereon in all respects where ne-
cessarv, as upon an attachment returnable to any court of
record under this act.

Sec. 7. Every clerk before granting an attachment as Rond &ft re_
aforesaid, shall take bond and security from the party for quired otpiff
whom the same shall be issued, his or her agent j?T attor-
ney, payable to the defendant in double the sum for which
the complaint shall be made, conditioned for satisfying an
costs which may be awarded to such defendant, in case the
plaintiff* suing out the attachment therein mentioned, shall
he cast in the suit; and also, all damages which shall be
recovered against the plaintiff for wrongfully suing out
such attachment: which bond, with the affidavit or affirm-
tion of the party complaining, his or her agent or attorney, Attachments
shall be filed in the office of the clerk granting the attach- issued with-
meut. Every attachment issued without bond and affida- out are void
\it taken and returned as aforesaid, is hereby declared
illegal and void, and shall be dismissed.

Sec. 8. To prevent errors in issuing attachments and
taking bonds, the attachment and the condition of the
bond, shall be in the form or to the effect following, viz.

"The people of the state of Illinois to the sheriff of Form of the
county, Greeting: attachment.

Whereas, A. B. (or agent or attorney of A. B. as

the case may be) hath complained on oath (or affirmation)
to clerk of the circuit court of county, that

C. D. is justly indebted to the said A. B. to the amount of
and oath (or animation) having been also made that
the said C. D. resides out of this state, or absconds or con-
ceals himself or herself, or stands in defiance of a civil of-
feror authorized to arrest him or her with civil process so
that the ordinary process of law cannot be served upon
him, or is about to depart this state, with intention to have
his effects and personal estate removed without the limits
of the same, or has left the sate with the intention of hav-
ing his effects and personal estate removed therefrom, (as
the case may be,) and the said having given bond

and security according to the directions of the act in such
case made and provided:

We tiif.refore command you, That you attach so much
of the estate, real or personal of the said C. D. to he
found in your county, as shall he of value sufficient to

n ATTACHMENTS.

satisfy the said debt and costs, accordiug to the complaint:
and such estate so attached in your hands to secure, or so
to provide that the same may be liable to further proceed-
ings thereupon, according to law, at a court to be holden
at for the county of upon the day of

next, so as to compel the said C. D. to appear and
answer the complaint of the said A. B. ; and that you al«o
summon as garnishee, to be and appear at the said court
on the said day of next: then and there to an-

swer what may be objected against him: when and where
you shall make known to the said court how you have
Executed this writ. And have you then there this writ.

Witness, Judge of the said court, this day

of in the year of our Lord, &c.

Which attachment shall be signed by the clerk and the
seal of the court affixed thereto.

The condition of this obligation is such, that whereas

Sumion of6 the above bounden hath on the day of the date

the bond. hereof, prayed an attachment at the suit of against

the estate of the above named for the sum of

and the same being about to be sued out, returnable on the
day of next, to the term of the court then to

be holden. Now if the said shall prosecute his

suit with effect, or, in case of failure therein shall well
and truly pay and satisfy the said all such costs in

said suit, and such damages as shall be awarded against
the said his heirs, executors or administrators, in any

suit or suits which may hereafter be brought for wrong-
fully suing out the said attachment, then the above obliga-
tion to be void, otherwise to remain in full force and ef-
fect." No attachment shall be abated or dismissed, for
want of form, if the essential matters expressed in the
foregoing precedents, be substantially set forth.

Sec. 9. Upon the service of every writ of attachment,
Duty of the it shall be the duty of the officer serving the same, to take
the estate and property so attached, into his possession, in
whose custody or possession soever the same may be; and
the estate and property shall remain in the safekeeping
and care of the said officer, in order to answer and abide
the judgment of the court, unless the person or persons in
whose possession the same may be found, shall enter into
bond and security to the officer, to be approved by such of-
ficer, in double the sum for which such attachment shall
have issued, with condition that the said estate and pro-
perty shall be forthcoming, to answer the judgment of the
Attachments court in said suit.

"edbyriviuB ^EC" 10" All attachments returnable to a circuit court
bpnd. " '° shall be repleviable before writ of enquiry executed, on

officer.

ATTACHMENTS. 71

the appearance of the defendant, and putting in good spe-
cial bail, or by giving bond before the return day of the
.attachment, to the sheriff or other officer serving the
same; which bond, such sheriff or other officer, is hereby
authorized and required to take, conditioned to appear at
the time and place, to which such attachment is made re-
turnable, and to abide by, and perform the order and
judgment of the court. And upon the defendant or de-
fendants replevying any attached effects, by giving bond
and security as aforesaid, the sheriff or officer shall re-
turn such bond so taken to the court, before whom the at-
tachment is returnable, on the first day of the term there-
of. If such bond shall be forfeited by reason of the de-
fendant or defendants, failing to appear and give special bail Remedy en
as aforesaid, the sheriff may assign such bond to the plaintiff such boud'
in the attachment by a writing thereon under his hand, in the
presence of two or more credible witnesses, and after such
assignment, the plaintiff may bring a suit in his own name
thereupon. If the plaintiff will not accept such assign-
ment of such bond, and the court shall adjudge such se- Proceedings
eurity insufficient, such sheriff shall be subject to the against sheriff
same judgment and recovery, and have the same liberty sufficiSse1-*
of defence as if he had been made defendant in the at- cunty.
tachment, unless good and sufficient security shall be giv-
en, and bond tiled during the term of the court to which
such attachment is returnable, and at which term the ob-
jections to the sufficiency of the security taken, shall be
made to entitle the party suing out the attachment, to
proceed against the sheriff, and execution may issue there-
upon as in other cases of judgment. And whenever the
judgment of the plaintiff* or any part thereof, shall be
paid or satisfied by any such sheriff, he shall have the
same remedy against the defendant for the amount so paid *tThl£iff a,
by him, as is now provided bylaw for bail against their gamsuhe de-
principal, where a judgment is paid or satisfied by them. fendant-
He shall likewise have the same remedy on a bond of a
garnishee, which shall be adjudged insufficient, as is or
may be provided on bonds or security given for the ap-
pearance of a defendant in a civil action.

Sec 1 1. If the sheriff shall fail to return a bond taken \ rule may
by virtue of the provisions of the preceding sections of be entered a-
this act within the time therein prescribed, or shall have EZSfan.
neglected to take one where he ought to have done so; in turn such
any attachment issued under any of the provisions of this ^ ^he^
act, the plaintiff in the attachment may cause a rule to be did nottakfe
entered at any time during the two first days of the term one-
to which the writ is returnable; requiring the said sheriff
to return the said bond ; in case no bond has been taken to

72 ATTACHMENTS.

shew cause why such bond was not taken. If the said
sheriff shall not return the said bond within one day tfaere-
*uchn?^?f after, or shew legal and sufficient cause why the said bond
of guod cause had not been taken, judgment shall be entered up against
shewn, judg him for the amount of the plaintiffs demand, with costs of
entered^ e su't; execution may thereupon issue for the same whenev-
gainst theshe- er judgment shall have been entered against the defen-
riff dant in the attachment.

Court may ^EC* * 2. In all suits commenced and prosecuted by at-

■ta> proceed- tachment against the estate of any person or persons re-
ingson attach, giving out of the state, where the amount claimed shall
noa-iesidents exceed twentv dollars, the court where the same may ne
pending, shall stay all proceedings in such suit, for such
time as it may think necessary, not less than three nor
more than twelve months, from the return day of such at-
And order tachment. And the court may order notice of the at-
tolT ubhslT tachment to be inserted in some public newspaper within
ed. C this state, specifying therein, at whose suit, against whose

estate, for what *um. and from what court such attachment
issued, and that, unless the defendant shall appear, give
special bail, and plead within the time limited for his or
her appearance in such case, judgment will be entered,
and the estate so attached will be sold. If the defendant
appear, put in bail and plead as aforesaid, his estate so at-
tached, shall be liberated, and the garnishee or garnishees,
if any, discharged.

Sec. 13. On the return of any writ of attachment
When awl against a defendant, who had departed, or was about to
shall be^ven. depart from this state, with the intention of having his ef-
fects arid personal estate removed beyond the limits of
this state, or who has absconded therefrom, or con-
cealed himself or herself, or stood in defiance of any
officer authorized to arrest him or her, on civil process, so
that the ordinary process of law could not be served on
him or her, it shall be the duty of the clerk of the court in
which the suit is pending, to give notice for four weeks
successively, in some newspaper published in this state,
most convenient to the place where the court is held, of
such attachment, and at whose suit, against whose estate
Defendant for what sum, and before what court the same is pending;
T/in speSl ana" tluit un,ess tne defendant shall appear, give special
Slu andpfead bail, and plead within the time limited for his or her ap-
pearance in such case, judgment will be entered, and the
i state so attached will be sold. If the defendant appear,
utin sufficient bail and plead as aforesaid, his estate, so
attached, shall be liberated, and the garnishee or garni-
shees, if am . discharged.

Sec. 14. If any attachment as aforesaid, shall be re-

ATTACHMENTS. 73

turned executed, and the estate attached shall not be re- Defendant not
plevied, or defence shall not be made, as this act directs, JJIJ^j^
the plaintiff shall he entitled to judgment for his whole t>. had against
debt and costs, having established the existence of such him'
debt, by legal testimony, and may thereupon take execu-
tion for the same, according to law, as provided in other
cases of debt. All the estate attached, and not replevied
as aforesaid, shall be sold for, and towards satisfying the
plaintiff's judgment in the same manner as such property
is required to be when taken in execution on a writ of
fieri facias. Where an attachment shall be returned serv-
ed, in the hands of any garnishee, it shall be lawful upon Proceedings
his or her appearance and examination in the manner as is ag«,n*S»rni"
by this act directed, to enter up judgment, and award
execution against every such garnishee, judgment having
been first entered against the original debtor, for all sum
or sums of money due from him or them to the defendant
in the attachment or in his, her or their custody, or pos-
sesion, for the use of such original debtor, or so much
thereof as shall be of value sufficient to satisfy the debt
and costs of the complaint. All goods and effects what-
soever in the hands of any garnishee or garnishees, be-
longing to such defendant, shall also be liable to satisfy
such judgment.

Sec. 15. Where any garnishee shall be summoned by Garn*'shees
the sheriff or other officer, in manner aforesaid, and shall [^ courTmay
fail to appearand discover on oath or affirmation, as by enteracondi*
this act is directed, it shall be lawful for the court after tional i'^s'*-
solemnly calling the garnishee, and such court is hereby
authorized and required to enter a conditional judgment
against such garnishee, and thereupon a scire facias shall Upon which
issue against such garnishee, returnable to the next term scire !acias
of the court, to shew cause, if any he have, why final may lssue*
judgment should not be entered against him; upon such
scire facias being duly executed and returned, if such
garnishee shall fail to appear accordingly, and discover Garnishee to
on oath or affirmation, in manner aforesaid, the court shall rnake diseov.
confirm such judgment, and award execution for the er>
plaintiff's whole judgment and costs; and if upon the ex-
imination of any garnishee, it shall appear to the court,
that there is any of the defendant's estate in the hands of
my person or persons, who have not been summoned, such Judicial at«
court shall, upon motion of the plaintiff, grant a judicial ^jj^ssned
attachment, to be levied upon the property in the hands of against such
such person or persons, having any of the estate of the asftwenot

i r i i. • t*- i .i « ° • , ^ i beer sunmicm

defendant in his, her or their possession or custody, who ei! as gia.ni.
shall appear and answer, and be liable as other garnishees, sheet.
?re any garnishee shall deliver to the sheriff all the
10

yi ATTACHMENTS.

goods, chatties and effects whatsoever found or confessed
Property de- ta De jn hjs or her possession, belonging to the defendant,
garnishee? to5 or any part thereof, the same shall be received in dis-
be received in charge of so much of the judgment, as the same shall be
theju-ift. °f appraised to, by the jury aforesaid, who shall inquire and re-
turn the value thereof, according to the evidence which
may be submitted to them relative thereto. If it shall ap-
No judgmem pear that the debt of any such garnishee to such defen-
l°d%ains?er" dant is not yet due, which fact shall also appear by the
garnishee un- finding of the jury, and the time when it becomes due,
less his debt then execution shall be stayed against such garnishee
until the same shall become due; nothing in this act shall
be construed to authorize a judgment to be rendered
against a garnishee for a debt, which may be due on a ne-
gotiable instrument, unless such debt shall be due at the
time of rendering the judgment.

Sec 16. If any such writ of attachment shall be served
fitla?nteinfya as aforesaid, it shall and may be lawful for any such plain-
tories, which tiff, at any time during the return term of the said court.

the garnishee to prepare exhibit and file, all and singular such allega-
shall answer .. r r , . ' . ... , . • • °u

on oath. tions and interrogatories in writing, upon which he or she

shall be desirous to obtain, and compel the answer of any
and every garnishee, touching the lands, tenements, goods,
chatties, moneys, credits and effects of the said defendant,
and the value thereof, in his, her or their possession, custo-
dy, or charge, or from him, or her, or them, due and ow-
ing to the said defendant, at the time of the service of the
said writ, or at any time after, or which shall, or may there-
after become due; and it shall be the duty of each and
every such garnishee, to exhibit and file, under his oath
or affirmation, on or before the third day of the next suc-
ceeding term, full, direct and true answers, to all and sin-
gular, the allegations and interrogatories by the said plain-
tiff, supported, exhibited, and filed, in the manner herein
before directed and described.

Sec. 17. Whenever the plaintiff, in any attachment.
If the nkimifF gj^jj allege that any garnishee summoned in such attach?
SSahan- ment hath not discovered the true amount of debts due

Witll SUCl

awerthecourt from him to the defendant, or what goods and chat lies,
J^jfae^panto belonging to the defendant, are in his or her possession^
enquire, &c the court shall direct without the formality of pleading, a
jury, to be empannelled immediately, (unless good cause
be shewn by either party for a continuance) to enquire
what is the true amount due from such garnishee to the
defendant; and what goods and chattels -ire in his posses-
sion, belonging to the defendant. If the finding of the ju
ry shall be against such garnishee, the court shall grant
judgment in the same manner as if the facts found by the jur *

ATTACHMENTS. W

nad been confessed by him or her, on his or her examina- Costs oa such
tie:,, and costs of inquest; and if the jur) find in favor of "•*«*•
the garnishee, he snail recover nis costs against the plain-
tiff.

Sec. 18. Where any witness resides out of the state, How depoair
or out of the county in which any attachment may be uon» ma> be
pending, and in which the testimony of such witness may ^^san?6
be required, it shall be lawful for either party or gar« garnishees,
nishee in such attachment, on tiling interrogatories with
the clerk of the court, from which such attachment has is-
sued, and giving ten days notice of the time and place of
taking such testimony, by serving a copy of such notice on
the opposite party; or if such party shall be absent from,
or reside out of the county, then by affixing a notice in
writing thereof, on the door of the court house of such
county, at least ten days before the day set for the taking
thereof, to obtain a commission from the clerk of the
court, to take the testimony of such witness or witnesses
on such interrogatories. Such examination may be read
on tiie trial, on motion of either of the parties or garnishee.

Sec. 19. In all cases of attachment, any person, other
than the defendant, claiming the property attached, may
interplead without giving bail, but the property attached Persons other
shall not thereby be replevied, and the court shall imme- jSU^JJj ^e '
diately (unless good cause be shewn by either party for a property may
continuance) direct a jury to be empannelled to inquire imerpiead

• x ±1 • ( a. c 4. • h u ,i • without ?ivio£f

into the right or property; m all cases where the jury speciai b!iii.
find or a claimant, such claimant shall be entitled to his
costs5 and where the jury find for the plaintiff in the at-
tachment, such plaintiff shall recover his costs against such
claimant.

Sec. 20. If judgment by default shall be entered on
anv attachment against the estate of the defendant, in anv Fiecut,0"SK°Ji

J p i • • in- i " judgments by

court ot this state, no execution shall issue thereon, ex- default i:> at~
cent against the coods and chattels, lands and tene- fachmeot

m Sllfttl l)f* ISSUPti

ments, on which the atttachment may have been served, a„ajnst 4,e
or against a garnishee or garnishees, who shall have mo- attached ef-
ney or other property in his or their hands, belonging to JS^lSJ.
the defendant, if the defendant shall appear, put in bail shees, &c.
and plead to the suit, the judgment rendered therein shall
have the same force and effect as if a capias ad responden-
dum had been served on the person of the defendant. Perishable

Sec 21. When any goods and chattels shall be levied property levi-
on by virtue of any attachment, and the sheriff or other ed upon by
proper officer in whose custody such goods and chattels majLDenSoid.

. shall be of opinion that the same are of a perishable
nature, and indangcr of immediate waste and decay, such
sheriff or other officer, as aforesaid, shall summon three

ATTACHMENTS.

How such
property shall
b< ascertain
ed to be per-
ishable.

Advertise the
sale.

Proceeds of
sale to satisfy
judgment.

Slaves, horses
&c to be pro-
vided with
sustenance.

Compensation
of sheriff, &c

Attachments
not to abate
by the death
of parties.

Executor or
administrator
rmu become
a party by
giving notice

respectable freeholders of his county, who shall examine
the goods and chattels so levied on; and if the said free-
holders shall, on oath or affirmation, certify that, in their
opinion, they are of a perishabie nature, and in danger of
immediate waste and decay, and if the person or persons,
to whom such goods and chattels belong, his, her or their
agent or attorney, shall not within twenf\ days after serv-
ing such attachment, replevy the same, then such goods
and chattels shall be sold at public vendue by the sheriff
or other proper officer, he having first advertised such sale
at the court house and two other public places in his coun-
ty, at least ten days before the sale; the money arising
from such sale shall be liable to the judgment obtained
upon such attachment, and deposited in the hands of the
clerk of the court, to which the process shall be returnable,
there to abide the event of such suit.

Sec. 22. When any sheriff or other officer shall serve
an attachment on slaves, or indentured or registered color-
ed servants, or horses, cattle, or live stock, and the same
shall not be immediately replevied, or restored to the
debtor, it shall and may be lawful for such officer, and he
is hereby required to provide sufficient sustenance for the
support of such slaves, indentured, or registered colored
servants, and live stock, until the same shall be sold, or
otherwise legally disposed of, or discharged from such at-
tachment. They shall receive therefor a reasonable com-
pensation, to be ascertained and determined by the court
out of which the attachment issued, and the same shall be
charged in the fee bill of such officer, and shall be collec-
table as part of the costs in the attachment.

Sec. 23. No suit or writ of attachment shall abate by
the death of either party, where the cause of action would
survive to the executor or administrator; but such death,
being suggested upon the record, the cause shall proceed
under the regulation following: "Whenever a plaintiff in
an attachment shall die, the executor or administor of such
plaintiff shall, within three months, after the probate of
the will, and obtaining letters testamentary, or after ob-
taining letters of administration, cause to be issued by the
clerk of the court in which such attachment is pending a
scire facias^ returnable to the next term of the said court,
giving notice of his intention, to become a party in the
place and stead of the deceased testator or intestate; which
shall be published at least four weeks successively in some
newspaper published within this state, previous to the
commencement of the term of such court, to which such
scire facias is returnable, proof of which being exhibited to
Ac court, such executor or administrator may on motion.,

ATTACHMENTS. 77

be made plaintiff therein, and the cause shall thereupon

proceed. And where the defendant shall die, a scire fa- ThYSaiof

*..... • f • i • i- . i a xi tl.c dett the

:i s shall issue in manner aforesaid, immediately atter the cause to pro-
expiration of two months; winch scire facias, shall contain ueedafifer no-
a notice to the legal representatives »f the defendant, ^n^tive
whether executor, administrator or heirs, of the pendency
of such attachment, and of the intention of the plaintiff
to proceed with the same; which being published in like
manner for four weeks successively, before the sitting of
such court, in the case of an absconding or concealed
debtor, or one who was standing in defiance of an officer,
at the time of suing out such attachment, or one who in-
tended to depart, or had departed from the state with the
intention of removing his effects and personal estate, be-
yond the limits of this state ; and in the case of a non-resident
debtor, in some newspaper printed in this state, four times
before the first day of the term of such court, and proof
of such publication, being exhibited to said court to the
satisfaction thereof, it shall be lawful for the plaintiff to
proceed with his attachment, as if such death had not taken
place. The executor, administrator, or other legal repre-
sentative of the defendant, may appear at the return of
the scire facias, and upon giving bond and security upon
the same terms, and for the performance of the same
conditions, that the defendant would have been required
to give by this act, if living, shall be permitted to plead,
and defend the said attachment, in the same manner as his
testator, intestate, or ancestor might have done. ,

Sec. 24. Any defendant against whom an attachment ed aUho' wt"
may be sued out, under the provisions of this act, or gar- dae
nishce, may avail himself in his defence of any set off pro-
perly pleadable by the laws of this state, notwithstanding
such set off, may not be due, at the time of suing out such ^ay Setoff
attachment, or at the trial thereof: any claim due, or not ci,;m against
due, may be set of! by the garnishee, whether it exist a- V,f[0- ,,ctt
gainst the plaintiff or defendant in the attachment. ineasetwoor

Sec. 25. la all cases where more than one attachment more attaehr
shall be issued against the same person or persons, and JJ^u^Si^
returned to the same term of the court to which they are gamedeftand
returnable, and judgment shall he rendered therein, property at-
against the defendants, or against the defendants and gar- sufficient,"1"
nishee or garnishees, or where a judgment in a civil ac- piaimKfabaU
tion shall also be rendered at the' same term against the JJJg^JJ8
defei dant who is the same person and defendant in the parl "
atl h ' meat or attachments, the court shall direct the clerk
to make an estimate of the several amounts each attach-
j ■ ■■! ;'i ! jment rredi tor will itled i^ out of the pro-

per it. attached either in the hands of any

"8. ATTACHMENTS.

garnishee, or otherwise, after the sale, and receipt of the
proceeds thereof by the sheriff, calculating such amount
in proportion to the amount of their several judgments,
with costs, as the same will respectively bear to the
amount of the sum received, so that each attaching and
judgment creditor will receive his just part thereof in
proportion to his respective demand, the clerk shall there-
upon certify the several amounts thereof to the sheriff,
who shall pay over to the respective parties, the several
sums so certified, and endorse such pa)ments on their re-
spective executions.
Attachments Sec. 26. On proof being made before any judge or jus-
ih crtain cas- tice of the peace, or clerk of the circuit court within this
lundayed0B state tnat a debtor is actual*y absconding, or concealed,
or stands in defiance of an officer duly authorized to arrest
him on civil process as aforesaid, or has departed this
state, with the intention of having his effects and person-
al estate removed out of the state, or intends to depart
with such intention, it shall be lawful for the clerk to is-
sue, and sheriff or other officer to serve an attachment
against such debtor on a Sunday, as on any other day, as
is directed in this act.

Sec. 27. The plaintiff or defendant in any attachment
or .-.ppeal *ne garnishee and the sheriff, or either of them, who may
raay be pros- feel aggrieved by the judgment of the court, may prose-
ccuted cuj-e wrj£S of error, and take appeals, as by law is provided

in other cases in the circuit courts, and be entitled to re-
cover their costs, as in other cases.
This act shall Sec. 28. This act shall be construed in all courts of
be construed justice in the most liberal manner for the detection of

liberally tor V, i

detection of iraua.

fraud Sec. 29. All acts, and parts of acts, coming within the

intent, spirit and meaning of this act, and the objects and

repeaiedlaWS Proceedings to which it relates, and heretofore in force in
this state, are hereby repealed. No proceedings, how-
ever, had, or rights secured under them shall be in any
way impeded or impaired, hut may be prosecuted and
enforced, as if this act had not taken effect.

This act to take effect on the first day of June next.

[Approved, Jon. 24, 1827.]

ATTORNEYS.

AY ACT relating to the Attorney General and State's . . :

/j^ u In force tdtfj

Attorneys. Feb. 182™

Sec. t. Be zV enacted 63/ /Ae Peop/e o//ta State of Illinois,
represented in the General .Assembly, That the attorney
general shall continue to reside in, and perform the Sjjjf * of J*"
duties of said office, for the first judicial circuit of this ^ney^n(
stale. It shall be h's duty to attend at each circuit court
to he held in each of the counties belonging to said judicial
circuit, and to commence and prosecute all actions, suits,
process, indictments and prosecutions, civil and criminal,
in which the people of this state, the president and direc-
tors of the State Bank of Illinois, or any county within
sail judicial district may be concerned; to defend all ac-
tio is brought within said judicial district, against the au-
ditor of public accounts, state bank, or any of the counties
aforesaid, to prosecute all forfeited recognizances, and all
suits and actions for the recovery of debts, revenues, mo-
neys, fines, penalties and forfeitures, accruing to the peo-
ple of this state, or any county within the judicial district
aforesaid. He shall give his opinion without fee or re-
ward, to any county commissioners' court, and to any jus-
tice of the peace within his circuit, when required so to
do, upon any question of law relating to any criminal or
other matter, in which the people, or any county is con-
cerned; and he shall perform such other and further du-
ties, as may be enjoined on him by law.

Sec. 2. It shall be the duty of the attorney general to
attend each of the terms of the supreme court, and there
commence, prosecute or defend every case that the peo- BUp.at^rt
pie of this state, the auditor of public accounts, the state
bank or any county of this state shall in any wise be a
party to, or interested in the result. It shall be his fur-
ther duty to prosecute all impeachments which may be
tried before the supreme court or the senate of this state.
He shall also, when required, give his opinion and advice
in writing, without fee or reward, to the general assemblv, .„5Le^le
or either branch thereof, upon any question of law; and meutsand
to the governor, or the person exercising the office of go- *dT,8e *he«%
vcrnor, the secretary of state, auditor of public accounts, ernmeut
and state treasurer, upon any question of law relating to
the duties of their respective offices, which may be sub-
mitted to him by them or either of them.

Sec. 3. There shall be appointed by the governor, at
the present session of the general assembly, by and with jj;*^£j2Jg
the advice and consent of the senate, one stated attorney, pointed

80 ATTORNEYS.

for" each judicial circuit in this state, except the cir-
cuit in which the attorney general resides, and the per-
son so appointed shall be commissioned by the governor,
to continue in office for four years from and after his ap-
pointment; and when any additional judicial circuit shall
hereafter be created, it shall be filled, and the person com-
missioned in like manner, to continue in office as aforesaid:
Their duties Each state's attorney shall reside within the circuit for
which he is appointed, and shall do and perform all the
duties, within the judicial circuit in which he shall reside,
which are, by the first section of this act, required of the
attorney general, in the circuit in which the said attorney
general shall reside: and each of said state's attorneys
shall perform such other duties as may be enjoined on
them by law.

Sec. 4. It shall be the duty of the attorney general and
To attend ex- stale's attorneys to attend, if in their power, the examin-
iriS^rfEbe? ation of al1 Persons brought on habeas corpus before a
*s corpus judge of the supreme or circuit court, within their circuits
respectively; and, if convenient, shall attend the examin-
ations, within their respective circuits, of persons accused
of felonious crimes, on being notified of the same.

Sec. ^. When the attorney general, or any state's at-
rm-* o tornev, shall be interested in any cause or proceeding:,
appoint com- civil or criminal, which it is, or shall be mace his duty to

p. tern per- prosecute or defend, the court in which such cause is pend-
son :o prose— • i ■ i . . , r

cute hi ccr- lng> or t0 be brought, may appoint some competent per-
taia easts son to prosecute or defend such cause, and in all cases,
where the attorney general or state's attorney shall be ab-
sent or sick, and unable to attend to the discharge of his
duties, the court in which any of his duties are required
to be performed, may appoint some competent person to
discharge such duties, until the attorney general or state's
attorney appear and resume the discharge of his duties;
and the person so appointed shall possess the same power
in relation to such causes and the business in such court,
and shall be entitled to the same fees therefor, as would
have been allowed to the attorney general or state's attor-
ney for said services.

Sec. G. The attorney general shall have a right to call
Att. pen. may upon any of the state's attorneys to assist him in the prose-
auorneysto* cali,on> °.r 5n the defence of any suit in the supreme court.
assist or the trial of any impeachment which it shall be the du-

ty of the attorney general to attend to; and any state's
attorney being so required shall give his assistance ac-
cordingly.

Sec. 7. The act entitled "An act for the appointmenl
erf of circuil Hd denning their duties and the du-

AUDITOR'S WARRANTS.

fies of the attorney general," approved March 23, 1819,
as id the act entitled "An act supplemental to an act en-
titled fcAn act for the appointment of circuit attorneys and
defining their duties, and the duties of the attorney gen-
eral,'approved March 23, 1819," approved January 18,
1825, he, and the same are hereby repealed.
This act to take effect from and after its passage.

[Approved, Feb. 17, 1827.]

AUDITOR'S WARRANTS.

AN ACT relative to the disbursements at the Treasury, and the FeJff^9tfa
mode of issuing and redeeming Auditor's Warrants,

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That in all cases
where the sum to be paid out of the state treasury is evi-
d< tly intended to be in dollars and cent?, aid not instate Warrants to
paper at par, the auditor shall issue his warrant for such JoVtauTpaner
amount of state paper, as shall be deemed equivalent to
the sum due; such amount to be ascertained as follows, State paper
to-wit: the discount at which state paper shall be paid E^JJjijjJ
out of the state treasury, shall be fixed by the secretary of state &c
of state, auditor of public accounts, state treasurer, and
cashier of the state bank, who shall, on the 29th days of
March, June, September and December, in each year,
until the month of March, 1830, meet at the auditor's of-
lice for that purpose: Provided however, that state paper state^aper*
shall, until the 29th day of March next, be paid out of the regulated
state treasury at the price fixed by the above mentioned
persons in December last: and it shall not be paid out of
the state treasury after the 29th day of June next at a
greater discount than twenty-seven and a half per cent;
after the 29th day of September next, it shall not be paid
out at a greater discount than twenty-five per cent; after
the 29th day of December next, it shall not be paid out at
a greater discount than twenty-two and a half per cent;
after the 29th day of March, 1828, it shall not be paid out
at a greater discount than twenty percent; after the 29th
day of June, 1828, it shall not be paid out at a greater
discount than seventeen and a half per cent; after the
29th day of September, 1828, it shall not be paid out at a
greater discount than fifteen per cent; after the 29th day
of December, 1828, it shall not be paid out at a greater
discount than twelve and a half per cent; after the 29th
day of March, 1829, it shall not be paid out at a greater
11

62 BAIL.

discount than ten per cent; after the 29tb day of June.
1859. it ^hall not be paid out at a greater discount than se-
ven and a half per cent; after the 29th day of September,
1829, it shall not be paid out at a greater discount than five
percent; after the 29th day of December, 1829, it shall not
be paid out at a greater discount than two and a half per
cent; and after the 29th day of March, 1830, it shall not
be paid out of the state treasury otherwise than at par.

[Approved, 19ih Feb. 1827.]

Ih force first BAIL

June, 1827. vtxuu.

AN ACT concerning Special Bail.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That in all actions to
be commenced in_ any court of record in tins state, and
toayberequir founded upon any speciality, bill or note in writing, or on
ed the judgment of any court, foreign or domestic, and in

all actions of covenant and account, and actions on verbal
contracts or assumpsits in law, in which the plaintiff or
other credible person can ascertain the sum due, or dam-
ages sustained, and that the same will be in danger of be-
ing lost, or that the benefit of whatever judgment may be
obtained will be in danger, unless the defendant or defen-
dants, be held to bail, and shall make affidavit thereof be-
. fore the clerk of the court from which process issues, or
Affidavit. a jug^ce 0f the peace of this state; or if the plaintiff re-
side out of this state, before any judge of a court of re-
cord, or notary public or officer of the state or kingdom
in which he resides, or may be duly authorized to admin-
ister an oath; and such affidavit shall be delivered to such
Dufrof clerk clerk, he shall issue a capias and endorse thereon an order
and shenft or direction to the sheriff or officer to whom such process
9hall be directed, to hold the defendant or defendants to
bail, in the sum so specified in such affidavit; and it shall
be the duty of the sheriff or officer serving such process,
tion sounds™ to take bail accordingly. In actions sounding merely in
in damages on damages, where the same cannot be ascertained as afo re-
ly, what the -^ ^ affidavit shall also set forth the nature and cause

atnJ.ivir shall . i ./•/•, . ,

-MttortU of the action, with the substantial or chief tacts in rela-
tion thereto: if upon examination thereof, the clerk shall
be satisfied that sufficient cause is shewn to require bail,
be shall issue a capias \v\ like manner, and make an order
thereon, specifying in what amount the defendant or de-
fendants^ hall be required to give bail; the officer serving
the process shall in like manner take bail. The bail taken
us herein directed may be discharged or the amount there-

BAIL. 33

of reduced by the court to which the writ is returned, on
application during the term to which it is returned, upon
satisfactory proof.

Sec. 2. Where any writ shall have been issued from any X j^ £
court of record in this state, whereon bail is required, the required
sheriff or other officer to whom the same may be directed,
shall take a bail bond to himself, with sufficient security
in a penalty of double the sum for which bail is required.

i /• .1 r • .- h \ i • Bonn to be

A id for the purpose of avoiding errors in the taking faken &c
thereof, the condition shall be substantially in the following
form:

"The condition of this obligation is such, that whereas
A. B. has lately sued out of the circuit court of the coun-
ty of a certain writ of capias ad respondendum, in a
certain plea of against C. D. returnable to the next
term of the said court to be holden at on the
day of next. Now if the said C. D. shall be and
appear at the said court, to be holden at on the said
day of next; and in case the said E. F. shall
not be received as bail in the said action, shall put in good
and sufficient bail, which shall be received by the plaintiff,
or shall be adjudged sufficient by the court, or the said
E. F. being accepted as bail, shall pay and satisfy the
costs and condemnation money, which may be rendered
against the said C. D. in the plea aforesaid, or surrender
the body of the said C. D. in execution, in case the said
C. D. shall not pay and satisfy the said costs and condem-
nation money, or surrender himself in execution, when by
law such surrender is required, then this obligation to be
void, otherwise to remain in full force and effect:" which when to he
bond so taken, shall be returned with the writ, on or be- returned
fore the first day of the term of the court to which the
writ is returnable. In case the sheriff or other officer,
executing such process, and to whom it shall be directed, y^Hty 0f
shall neglect to take such bond or the bail be held insuffi- sheriff incase
cicnt, on exception taken and entered of record during oHnsuffieient
the term to which such writ shall be made return-
able, the sheriff or other officer having reasonable notice
of taking such exception, shall in either case, be deemed
and stand as special bail in the action; and the plaintiff
may proceed to judgment against such sheriff or other
officer, as in other cases against special bail.

Sec. 3. All hail taken according to the directions of this HowWhng
dci. shall be deemed and taken as special bail, and may „^i;ust''
be proceeded against by an action of debt, in the name of
the plaintiff in the original action, as in the case of a re-
cognizance of nail, except where the bail shall he adjudged
ffi< lent by the court: then the bond shall in that c

84 BAIL.

Exception ;n stand as a security to the sheriff, who may, upon a forfei-
ture of the condition to appear and peifect hail, proceed
thereon in an action of debt or covenant, to recover the
amount of whatever damages he may have sustained by
reason of the non-performance of such condition; a:.d
shall also have the same right to arrest and detain the
principal in custody, in case the hail shall be adjudged in-
sufficient by the court, and the principal snail not perfect
bail within the time required by law, as the hail might
have had; if he shall elect to arrest and commit the prin-
cipal to prison, then his remedy on the bond shall cease,
and the bond be void. The sufficiency of the hail shall
be excepted to, during the term to which the writ is re-
^when8 to turnable, otherwise the same shall be considered as accep-
bemade ted by the plaintiff. Objections to the sufficiency of bail
shall be decided by the court in which the exception is ta-
ken without delay, on such evidence as may be produced,
and as it may deem satisfactory: the burthen of proof
theP°buTth<^ shall lie on the party affirming the sufficiency, allowing
of proof rests the bail to he examined on oath or affirmation, touching his
sufficiency.

Sec. 4. It shall be lawful for the defendant in any
action in any court of record when bail shall have been
may surrend- given as aforesaid, to surrender himself, or for his bail to
er himself o. surrender him at any time before the return day of the
mrrendlr™8? Process, which may have been sued out against him as
him in vaca- bail, to the court in which the suit may be pending, during
tion the sitting thereof, or in vacation, to the sheriff of the

Whit ro- county m which process was served. In case the surren-
ctedingi ETbe der shall be made during the sitting of the court, an entry
had in shall be made on the records of the court, stating the sur-

render and commitment of the defendant to the custody
of the sheriff: if the surrender be made in vacation, the
Such (rises ^ail or prhicipal shafl obtain a certified copy of the bail
bond from the sheriff or clerk of the court, in whosesoever
possession the same may he, and shall deliver himself, or
he delivered by his bail to such sheriff, who shall thereup-
on endorse on such copy of the hail bond, an acknowledg-
ment of the surrender of the body of the defendant to
his custody, and thereupon the said copy of the bond with
such acknowledgment shall be hied in the office of the
clerk of the court in watch the action is pending. Up-
on giving notice of the surrender, whether made in term
time or vacation, to the plaintiff or his attorney, and pay-
lag the costs of the action against the bail, if any have
accrued, the bail shall be discharged from all liability;
the defendant shall be committed to the jail of the county*
there to remain uri-i] discharged by due course of law. —

BAIL. 8by

if the surrender he after judgment, and the plaintiffshall lf thesnm*J
|d1 charge the defendant in execution within fifteen days jud^eotAe
after notice thereof, he shall be discharged out of custody; effects thereof
the plaintiff may, notwithstanding such discharge, have
execution against the real and personal estate of the de-
fendant.

Sec. 5. Any defendant surrendered into custody or
committed by his bail, in manner aforesaid, may at any ^^Ser^A
time before final judgment, shall have been rendered in into cusuriy
l!u nction, discharge himself from custody by giving other Jjjjjj^ ^~
good and sufficient special bail; the sheriff or other of- g'vmg other
Acer authorized to take bail, shall take new bail to the bail
same effect as is herein before provided.

Sl:c. G. In all cases of bail under this act, it shall and Bail mav ar-
may be lawful for the bail to arrest and secure the body ^Thtbe —^
of the principal, until a surrender can be made to the pai
sheriff of the county, where the suit may be pending, or
to the court to which the process was returnable.

Sec 7. Hereafter no suit shall be commenced upon
any bail bond or recognizance of bail, in any civil action, When suits

_ • , r • i ' i n u • l m*y be bro t

until a writ of capias ad satcsjaciennum, snail nave issued on bail bond
against the defendant in the original action, directed to
the sheriff of the county in which such defendant was ar-
rested, and such sheriff shall have returned that the said de-
fendant was not found in his county; if any action shall
hereafter be commenced upon such bond or recognizance,
and it shall not appear upon the trial thereof that a writ of
capias ad sotesfaciendum was issued and returned in the man-
ner herein before mentioned^ a verdict shall be found for
the defendant. It shall be also necessary to charge the
frail, that such writ of capias ad satisfaciendum should be ^Vn charge
issued and delivered, at least ten days before the return the bail
day thereof, to the shenffof the county or officer to whom
it may be directed; such sheriff or officer shall endeavor
to serve such writ upon the defendant, any directions which
he may receive from the plaintiff or his attorney, to the
contrary notwithstanding.

Snc. 8. In all cases where judgment shall hereafter be ->
entered up in any court oi record in this state, against bail against
anv person or persons as bail for another, and the amount principal
of such judgment, or anv part thereof, has been paid, or
discharged by such bail, his, her or their executors, admin-
istrators or heirs, it shall and may he lawful for such bail,
or their heirs, executors, or administrators, to ob-
judgmemtby motion against the person or persons
for whom 'ie, she or they were bound, for the full amount
oi w! ■ the said bail, his, her or

executors or administrators, in such court

8« BAIL.

where judgment shall have been entered up against such
bail, before judgment shall be entered against the prin-
cipal ten days previous notice of such motion shall have
been given to him, if a resident of this state, and if a non
resident, then notice of such motion, shall have been pub-
lished, for four weeks successively, in some newspaper
printed in this state.
Death of prin ^EC* 9. In all actions against bail, it shall be lawful for
cipai to be the bail to plead in bar to such actions, the death of the
plead ia bar principal before the return day of the process against the
bail; if on the trial of any such issue, the death of the
principal be found to have happened before such return
day, judgment shall be given in favor of the defendant;
he shall notwithstanding be liable to judgment and exe-
cution for the costs of suit, unless such death shall be
found to have taken place before the commencement of
the action.

Sec. 10. [{ any defendant having given special bail
Arrest of de- in any action, shall afterwards be legally arrested and de-
cha'ee b»a?n nvere(^ over to the executive authority of the United
certain, cases States, or of anv state or territory thereof, upon a charge
of having committed a crime out of the jurisdiction of
this state, and shall be thereupon carried beyond the lim-
its thereof, such bail shall be discharged from all liability
incurred as bail, if the defendant has not returned to
this state discharged from such arrest, before he shall be
liable to be charged as bail for such defendant.

Sec. 11. When any defendant in any civil action, shall
A discbarge nave heen discharged as an insolvent debtor, agreeably to
un.ier insoiv- the laws of this state respecting insolvent debtors, and a
kase^baii0 rC* cer*ificate fr°m tne authority lawfully granting the same,
shall be produced to the court, the bail of such defendant
shall, in all cases, be entitled to have an exkoneretur enter-
ed upon the records of the court, which shall thereupon
operate as a discharge from his bond or recognizance, ia
the same manner as if he had surrendered his principal in
court, or to the sheriff as hereinbefore directed : Provided^
That judgment shall not have been recovered against him
as the bail of such defendant.

Sec. 1 2. Hereafter proceedings by scire facias against

by'wireflkSai ^a''* m CIV1* cases? sna^ n°f oe allowed in any court of re-
uot allowed cord in this state. Proceedings already instituted may be
proceeded in as though this act had not been passed.

Sec. 13. All acts and parts of acts coming within the
intent, spirit and meaning of this .act, and the objects and
claase.lflS proceedings to which it relates, and heretofore in force in
this stale, are hereby repealer]. No proceedings, howe-
ver had, or rights secured under them* shall be in any way

BILLS OF EXCHANGE. 37

impeded or impaired, but may be prosecuted and enfor-
ced, as if this act had not taken effect. This act shall
fake effect on the first day of June next.

[Approved, Jan. 26/A, 1 827.3

BILLS OF EXCHANGE.

AJV ACT concerning Bills of Exchange. fJZlwr*

Sec. 1. Be it enacted by the People of the State of Illinois , Foreign bills
Xeprcsvnled in the General ^Assembly, That when any foreign Pleated ho^r
bill of exchange, which may be drawn for any sum of money,
expressed that the value has been received, shall be duly
pesented for acceptance, or payment, and protested for
non-acceptance or non-payment, the drawer or endorser
thereof, due notice being given of such non-acceptance or
non-payment, shall pay said bill, with legal interest, from
the time such bill ought to have been paid, until paid, and
ten per cent damages in addition, together with the costs
and charges of protest.

Sec 2. If any hill of exchange drawn upon any per- Inland bills
son, or body politic, or corporate, out of this state, but PJ0^^
within the United States, or their territories, for the pay-
ment of money, and expressed to be for value received,
shall be duly presented for acceptance or payment, and
protested for non-acceptance or non-payment, the drawer
or endorser thereof, due notice being given of such non-
acceptance or non-payment, shall pay said bill, with legal
interest from the time such bill ought to have been paid,
until paid, and five per cent damages in addition, together
with costs and charges of protest.

Sec 3. The act entitled "an act regulating bills of Aetofisci
exchange,'" approved February 14, 1821, shall be and the rePea,e(i
same is hereby repealed: Provided, That the repeal of
said act shall in no way affect or impair any rights or in-
terests acquired under said act. This act to take effect
from and after the first day of June next,

[Approved, Bee. 28, 1826.]

2»Iode of com-
mencing suits
fh chancery

' CHANCERY.

.7uneT827rSt AJV ACT t0 Prescr&e the mode of proceeding in Chancery

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the several circuit
courts in this state, in all causes of which they may have
jurisdiction as courts of chancery, shall have power to
proceed therein according to the mode hereinafter pre-
scribed, and where no provision is made hy this act in
cases that may arise, then according to the general usage
and practice of courts of equity, or agreeably to such
rules as may be established by the said courts in that be-
half.

Sec 2. The mode of commencing suits in equity, shall
be by tiling a bill setting forth the nature of the complaint
with the clerk of the circuit court of the county within
whose jurisdiction the defendants, or the major part of
them,if inhabitants of this state reside,or if the suit may affect
real estate in the county where the same, or greater part
thereof shall be situated-, if the defendants are all non-
residents, then with the clerk of the circuit court of any
county; bills for injunctions to stay proceedings at law
shall be filed in the office of the clerk of the circuit court
of the county in which the record of the proceedings had
shall be.

Sec. 3. Upon the filing of every bill as aforesaid, the
clerk of the court aforesaid, shall thereupon issue a sum-
mons directed to the sheriff of the county in which the
defendant resides, if the defendant be a resident of this
state, requiring him to appear and answer the bill on the
return day of the summons, and where there are several
defendants residing in different counties, a separate sum-
mons shall be issued to each county, including all the de-
fendants residing therein. The said summons shall be
tested in the name of the judge of the circuit court out
of which it may issue, shall bear date on the day it is-
sues, and be made returnable to the next term of the court
after the date thereof, unless the suit be brought within
ten days immediately preceding any term, in which case
the summons shall be returnable to the next term thereaf-
ter.

Sec 4. Every summons shall he under the signature of
^fte'1,& the c*erk °f the court issuing the same, and the service of
the summons shall be. by delivering. a copy thereof to the
defendant, or leaving such copy at his usual place of
abode,.. milyj of theage of

ten years or upwards, and informing such person ot the

Summons

CHANCERY. 89

jontents thereof; which service shall be at least ten days
before the return day of such summons.

Sec. 5. If a defendant to any bill in equity, shall not
on the third day of the term to which the summons is re-
tunable, enter or cause his appearance to be entered by
a solicitor, in cases where a summons for that purpose
shall have issued, whether such process be served or not,
and it shall be made to appear by affidavit to the satisfac-
tion of the court, that the defendant resides, or hath gone
out of the state, or cannot on due enquiry be found, or
doth conceal himself therein, the said court may, by or-
der, direct the defendant to appear on the first day of the
next succeeding term, and answer the complainant's bill,
which order shall within sixty days thereafter, be publish- Plication of
ed in one of the public newspapers printed in this state
for four weeks successively, once at least in every week;
i/ the defendant shall not appear by the time so limited, or
within some future period to be appointed by the court if
necessary; and on proof of the publication of the order
aforesaid, the court may by order direct the complainant's
bill to be taken for confessed, and make such decree there-
on as shall be just, and may issue process to compel its
performance, either by sequestration of the real and per- P"»e«»to
sonal estate and effects of the defendant so absent or con- pHSmcerf
cealed, or not found as aforesaid, or such parts thereof as decrees
9hall be deemed sufficient to satisfy the claim or demand
of said complainant, or by causing possession of the estate
or effects demanded by the bill to be delivered to the com-
plainant, or may order the complainant's claim or de-
maud to be paid out of the estate and effects so seques-
tered, according to the true intent and meaning of the
decree of the said court, such complainant giving such se-
curity, and in such amount as the court may direct, to
abide such order as may be made touching the restitution
of such estate, and effects, in case the defendant shall af-
terwards appear and be admitted to defend such suit upon
payment of costs, and such other terms as the court may
direct. If no such security shall be given, the estate and
effects so sequestered shall remain under the direction of
the court, to abide such order as shall be just in the pre-
mises: If any person residing out of this state as aforesaid,
against whom a decree is, or shall be made, his heirs, de-
visee?, executors, administrators or assigns, as the case
may require, shall within one year after notice jn writing
given him or them of such decree, or within three years
after such decree, if no such notice shall have been given l^0^™8^
as aforesaid, appear in open court and petition to be heard uous
touching the matter of such decree, and shall pay such
12

90 CHANCERY.

Costs as the court may deem reasonable in that behalf, the
person so petitioning may appear and answer the com-
plainant's bill; and thereupon such proceedings shall be
had as if the defendant had appeared in due season and no
decree had been made. The decree shall, after three
years from the making thereof, if not set aside in manner
aforesaid, be deemed and adjudged confirmed against such
non-resident defendant, and all persons claiming under
him by virtue of any act done subsequent to the com-
mencement of such suit: and at the end of the said three
years the court may make such further order in the pre-
mises as shall be required and shall be just.

Sec. 6. If the defendant shall be brought into court by
Appearance virtue of any process, being in contempt for refusing to
appear, and shall continue to refuse or neglect to enter
his appearance, or to appoint a solicitor of the court to do
it for him according to the provisions of this act, or the
rules of the said court, then and in such case the court
may appoint a solicitor to enter an appearance for such
defendant, and such further proceedings may be had in the
said cause as if the party had actually appeared.

Sec 7. The judges of the said circuit courts may, from
Circuit courts tjme t0 tjme jn their several circuits establish rules for
orders proceedings in taking a hill For confessed in every case

not otherwise provided for by law; and also for the pro-
ceedings necessary to entitle either party to a decree or
order against the opposite party by default; and in such
other cases as may occur where, according to the justice
and necessity of the case, the same may be required: No-
Divorce thing herein contained shall affect proceedings for divorce

in case of adultery, but such proceedings shall be prose-
cuted according to the statutes regulating the same, so far
as provision shall have been made.

Sec. 8. Every defendant who shall be summoned ac-
Answer, plea, cording to the provisions of this act, shall file his excep-
&c- tions, plea, demurrer or answer, to the bill at the time to

which the process of summons shall be returnable; if he
Order pro ^ so to ^°' lne ^ ma>' ^e taken as confessed, but for
confesso good cause shewn, the court may extend the time for ex-

cepting or pleading, and the court may thereupon enter
an interlocutory decree, which may be made absolute at
the next term and carried into effect as other final decrees.
*SmF. IHhe defendant shall appear at the next term and offer
to file his answer to the bill, the court may permit him so
to do upon his showing sufficient cause and paying the costs
of the preceding terms; in such case the decree shall be
vacated, and the cause may be proceeded in as in other
cases.

CHANCERY. 91

Sec *). Where a bill is taken for confessed, the court
before a final decree is made, may, if deemed requisite, ' v negatior.s of

. . , V j -. hill to be pro*

order the complainant to produce documents and witnes- ved

aes to prove the allegations of his bill, or may examine him

on oath or affirmation touching the facts therein alleged;

such decree shall be made in either case as the court shall

oonsider equitable and proper.

Sec 10. Every answer shall be verified by an oath or
affirmation taken before and certified by a judge or justice y^fedby0
of tie peace in this state, or the clerk of the court in which oaih
the action is pending, or before a judge or justice of the
peace, or other person authorized to administer an oath in
the state, territory, kingdom or empire, in which the defen-
dant may be or reside; the official character of such officer,
if out of this state, being attested by the seal of some court
of record within such state, territory, kingdom or empire.

Sec 1 1. When an answer shall be adjudged insufficient, ^^".^L0*
the defendant shall iile a further answer within such time <wt; may be
as the court shall direct, or on failure thereof the bill shall flle(1
be taken as confessed; if such further answer shall be like-
wise adjudged insufficient the defendant shall tile a sup-
plemental answer, and pay all costs attendant thereon. If
that shall be adjudged insufficient, the defendant may be
proceeded against for a contempt, and the like proceed-
ings be had thereon to enforce the order of the court as in
other cases of contempt.

Sec 12. Every defendant shall answer all the inter- Proceedings
rogatories put to him by the complainant in his bill, unless ID e^s the
excepted to, and after tiling his answer, may exhibit in- insufficient
terrogatories to the complainant, which shall be answered
by him specially on oath or affirmation, unless excepted to
as improper; and such exceptions allowed, and the com-
plainant's answer shall he evidence in the cause in the
same mariner as the defendant's answer.

Sec 1 \ All exceptions to answers or to interrogato-
ries exhibited by the defendant as aforesaid shall be tiled biu^answers^
within such time as the court may direct, and be argued &c
at such time as the court may appoint. If the complain-
ant's exceptions be overruled, he shall pay costs to the de-
fendant, and if the defendant's answer be adjudged insuf-
ficient, he shall pay costs to the complainant.

• U. Replications shall be filed within four daJs Replications
after answer, and shall be general, and all parties shall
have the 3ame advantage as if they were special; and af-
ter replication filed the cause shall be deemed at issue, and
stand for bearing at the next term: or in default of filing
su<*h replication, the cause nv\ he set for hearing upon
bill and answer, in which case the answer shall be taken

CHANCERY

may

Court

extend time
to answer

as true, and no evidence shall be received unless it be mat-
ter uf record to which the answer refers. When the
complainant shall require a discovery respecting the mat-
ters charged in the bill, the disclosure shall not be deem-
ed conclusive, but if a replication be filed ma) be disprov-
ed or contradicted like any other testimony, according to
the practice of courts of equity.

Sec. 15. The said circuit courts when sitting as courts
of equity may extend the time for answering, replying,
pleading,demurringorjoiningindemurrer,and may permit
the parties to amend their bills, petitions, pleas, answers
and replications, on such terms as the court may deem pro-
per so that neither party be surprised or delayed thereby.

Sec. )6. The said circuit courts may in their discretion,
direct an issue or issues to be tried by a jury whenever it
shall be judged necessary in any cause in equity pending
Trial by jury in any of the said courts. In all other cases in equit} , the
mode of trial shall be the same as has been heretofore
practised in courts of chancery.

[•sections from 17 to 25 inclusive are repealed by "An act regulating the
mode of taking depositions and to provide for the perpetuating ot testimony,*'
approved Febrnav 9, 1827 ]

Sec. 26. If in any suit or action now pending, or which
shall hereafter be brought in any court of chancery,
there are or shall be two or more complainants or defen-
dants, and one or more of them die, (if the cause of such
action or suit survive to the surviving complainant or
complainants, or against the surviving defendant or defen-
dants) such suitor action shall not thereb) be abated, but
such death being suggested and shewn to the satisfaction
of the court, such suit or action shall proceed at the suit
of the surviving complainant or complainants, and against
the surviving defendant or defendants.

Sec. 27. Where there shall be two or more complain-
ants or defendants in any suit or action in chancery as
aforesaid, and any of them die, arid the cause of action do
not survive, but other persons shall become parties in in-
terest, in right, or by the death of such deceased party,
such suit or action Bball by reason of sucli death he abated
only with respect to such deceased party. The surviving
complainant or complainants may proceed against the
surviving defendant or defendants without reviving the
suit against the representatives of the deceased party, or
any other who may become interested by the death of such
party; but in such case such representatives or other per-
sons becoming interested by the death of such party, shall
not be bound by any order or decree in such causa 1c
which they are not made parties; and they may be mne'e
parties in the manner hereinafter provided.

Abatement
by death of
parties

CHANCERY. 33

btc. 28. In all cases where all the complainants or de=
i tuts in anysuitnow pending, or hereafter to be brought
in a.i> court ef chancery, shall die before final decree,
sutii suit or action shall not thereby be abated, but may-
be revived in the name of the legal representatives of tiie
deceased or other person becoming interested in the cause
of action by the death of sucli party.

Sec. 29. Where any complainant or complainants in
any suit in chancery shall wish to make the representa-
tives of any decea^^ed defendant or others who may become
interested by the death of such defendant, parties to >uch
suit, no bill of revivor shall be necessary, but such death
. suggested and shewn to the satisfaction of the court,
or clerk in vacation, a summons in the nature of a scire fa-
das may be issued against ail persons residing in this state
so to be made parties, such court or clerk max make an
order of publication as to all such as are non-residents, or
whose names are unknown, in the same manner as in the
case of non-resident or unknown original defendants,
which summons shall be served and returned, and such or-
der published in the same manner, and with the like effect
to all intents and purposes, as is required in like cases of
summoning or notifying original defendants. If any per-
son so summoned or notified, shall not within such time af-
ter service or publication, as the court shall limit and ap-
point, appear and put in his answer or signify his disclaim-
er of the suit and the matters in controversy therein, the
complainant or complainants may cause his appearance to
be entered, and in such case the answer of the deceased
party, if any there be, shall be deemed and taken as, and
for the answer of such representatives or other person
summoned or notified as aforesaid; if there be no answer,
proceedings shall be had in all respects against such person
as if he had been originally a defendant: Where such de-
ceased party shall have been complainant in any such suit
pending as aforesaid, the lawful representatives of such
. complainant, or any other person or persons whe
have become interested in the cause of action by the
death of such complainant, shall, and may upon affidavit
thereof by him or them, or by any other competent person,
and <m motion made in court, be by the rule and order of
the court inserted as a complainant or complainants in the

suit, and be permitted to make such amendments in Amencfineuis
the bill as his, her or their title or interest therein may re-
quire; to which amendments the defendants shall be com-
pelled to aiiswerasto the original hill; if such person or
p ; . II not within sin :> lim as the court shall limit

and i : If, herself, or themselv<

m CHANCERY.

ontered as complainant or complainants in the room of such
deceased complainant, then the surviving complainants (if
any) shall proceed in such suit against the defendant or
defendants: if there be no such surviving complainant and
the representatives of the deceased complainant or other
persons interested shall not appear as aforesaid, the suit
shall be abated.

Sec 30. Whenever a decree shall be made in any suit
commissioner in equity, directing the execution of any deed or other

ma\ l;e an- .,? ■, & . J

pointed toes writing, and the party against whom the same shall have
ecute deeds been entered, shall not comply therewith within the time
required, it shall be lawful for the court to appoint a com-
missioner to execute the same. The execution thereof
by such commissioner shall be as valid in law, to pass, re-
lease or extinguish the right, title and interest of the par-
ty on whose behalf it is executed, as if it had been execut-
ed by such party in proper person in conformity with such
decree; and such deed or other writing, if it relate to land,
shall, within six months after its execution by such commis-
sioner, be recorded in the office of the recorder of the
county wherein the land may lie; and if it be not recorded
as aforesaid, it shall be void as to subsequent bona fide
purchasers without notice. In all cases where a sale of
property is decreed, the court may direct the same to be
made for cash, or on such credit and on such terms, as it
. mr>y deem best and most equitable to the interests of the
several parties.

Sec. 31. All decrees given in causes in equity in this
Decrees to be s*ate snaM De a nen on real estate and shall have the same
a lieu force and effect as judgments at law. If no commission-

er be appointed to carry such decree into effect, such de-
cree maybe carried into effect by execution or other final
process, according to the nature of the case, directed to
the sheriff or other officer of the proper county; which,
may issue when issued, shall be executed and returned by the sheriff
or other officer to whom it may be directed, and shall have
the same operation and force as similar writ- issued upon
a judgment at law. The sheriff or other officer to whom
the same is directed, shall be subject to the like penalties
and recoveries for misconduct or neglect in the execution
or return thereof, as in cases at law; or the court may, if
eniorcedey necessary, direct an attachment to be issued against the
attachment party disobeying such decree, and fine or imprison him or
both in the discretion of the court, and may also direct a
sequestration for disobedience of any decree,

Sec. 32. In any cause in equity it shall be lawful for the

Guardian ad , - . . , ., " . ' ,.* . , v

l$tem court, in which the cause is pending, to appoint a guardian

ad litem to any infant or insane defendant in such cause,

Upon which
execution

CONVEYANCES. 95

whether such infant or insane defendant shall have beeo
served with process or not, and to compel the person so ap-
pointed to act; by such appointment such person shall not
be rendered liable to pay any costs of suit; and he shall,
moreover be allowed a reasonable sum for his charges as
such guardian, to be paid by the party at whose motion he
was appointed, to be taxed in the bill of costs.

Sec 33. All acts and parts of acts coming within the in-
tent, spirit and meaning of this act, and the objects and
proceedings to which it relates and heretofore in force in Laws repe&N
tbis state, are hereby repealed. No proceedings, howev- ed
er, had, or rights secured under them, shall be in any way
impeded or impaired, but may be prosecuted and enforced
as if this act had not taken effect.

This act to take effect on the first dav of June next.

[Approved, Jan. 26, 18 27. J

CONVEYANCES.

AN ACT concerning Conveyances of Real Property* In force July

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That livery of seizin Livery of sei-
shall in no case be necessary for the conveyance of real z»n unnecessa*
property; but every deed, mortgage or other conveyance ry"
in writing, signed and sealed by the party makii g the
same, the maker or makers being of full age, sound mind,
discovert, at large and not in duresss shall be sufficient,
without livery of seizin, for the giving, granting, selling,
mortgaging, leasing or otherwise conveying or transferring
any lands, tenements, or hereditaments in this state; so as
to all intents and purposes, absolutely and fully to vest in
every donee, grantee, bargainee, mortgagee, lessee or pur-
chaser, all such estate or estates, as shall be specified in
any such deed, mortgage, lease or other conveyance: Noth-
ing herein contained shall be so construed as to divest or
or defeat the older or better estate or right of any person
or persons, not a party to any such deed, mortgage, lease,
or other conveyance.

Sec. 2. Every estate, feoffment, gift, grant, deed, mort- Efectofw
• release or confirmation cf lands, tenements, Vejan"
rents, services or hereditaments made cr had, or hereafter
to be made or bad, by any person or persons being of full
age, sound mind, discovert, at large and not in duress to
any person or persons; and all recoveries, judgments and
executions had or made, or to be had or made, shall be
good and effectual to him, her, or them to whom it is, or

?-• CONVEYANCES.

shall be so made, had or given, and to all others, to his,
, her or their use, against the judgment debtor, seller, feoff-
or, donor, grantor, mortgagor, lessor, releasor or con-
firmor, and against his, her, or their heirs, or heirs claim-
ing the same, only as heir or heirs, and every of them;
and against all others having or claiming any title or inter-
est in the same, only to the use of the same judgment
debtor, sellor, feoffor, donor, grantor, mortgagor, lessor,
releasor or confirmor, or his, her or their said heirs, at the
time of the judgment, execution, bargain, sale, mortgage,
covenant, lease, release, gift, or grant made.
Iteration o'* Sec. 3. Where any person or persons, stand or he seiz-
cii. .T.-.'.auce to ec|^ oratany time hereafter shall stand or be seized, of and
ose, he .^ an^ messuages, lands, tenements, rents, services, rever-

sions, remainders or other hereditaments, to the use, confi-
dence or trust of any other person, or persons, or of any
body politic, bv reason of any bargain, sale, feoffment, fine,
recovery, covenant, contract, agreement, will or otherwise,
by any manner of means whatsoever; in every such case,
all and every such person or persons, and bodies politic,
that have, or hereafter shall have any such use, confidence
or trust in fee simple, for term of life or for years, or oth-
erwise, or anv use, confidence or trust in remainder or re-
version, shall from thenceforth stand and be seized, deem-
ed and adjudged, in lawful seizin, estate and possession
of, and in the same messuages, lands, tenements, rents,
services, reversions, remainders, and hereditaments, with
their appurtenances, to all intents, constructions and pur-
poses, in law of, and in such like estates, as they had or
shall have in use, confidence or trust of, or in the same;
and that the estate, right, title and possession, that was or
shall be in such person or persons that were, or hereafter
shall be seized of any lands, tenements or hereditaments,
to the use, confidence or trust of any such person or per-
sons, or of any body politic, be from henceforth clearly
deemed and adjudged to be in him, her or them, that have
or hereafter shall have^such use, confidence or trust, after
such quality, manner, form and condition, as they had
before in, or to the use, confidence or trust that was or
shall be in them.

Sec. 4. Any person claiming right or title to lands, ten-
Conveyances ementg9 or hereditaments, although he, she or they may be
Snffing ad- out of possession, and notwithstanding there may be an
verse posses- adverse possession thereof, may sell, convey and transfer
; ' h'(s or her interest in and to the same, in as full and com-

plete a manner as if he or she were in the actual posses-
sion of the lands and premises .intended to be conveyed;
and the grantee or grantees shall have the same right cf

CONVEYANCES. . 0.7>

action for the recovery thereof; and shall in all respects
derive the same benefit and advantage therefrom, as if the
grantor or grantors had been in the actual possession at
the time of executing the conveyance.

Sec. 5. No estate in joint-tenancy, in any lands, tene-
ments or hereditaments, shall be held or claimed under ^ttsnlntM,
anv grant, devise or conveyance, whatsoever, heretofore and how ere*
or hereafter made, other than to executors and trustees, atei*
unless the premises therein mentioned, shall expressly he
thereby declared to pass, not in tenancy in common, but
in joint tenancy; and every such estate, other than to ex-
ecutors or trustees, (unless otherwise expressly declared
as aforesaid) shall be deemed to be in tenancy in common.

Sec. 6. In cases where by the common law, any person Entails not
®r persons might hereafter become seized in fee tail allowed
of any lands, tenements or hereditaments, by virtue of any
devise, gift, grant or other conveyance, hereafter to be
made, or by any other means whatsoever, such person or
persons, instead of being or becoming seized thereof in
fee tail, shall be deemed and adjudged to be, and become
seized thereof, for his or her natural life only, and the re-
mainder shall pass in fee simple absolute, to the person or
persons to whom the estate tail would, on the death of the
first grantee, devisee, or donee in tail, first pass, according
to the course of the common law, by virtue of such devise,
gift, grant, or conveyance.

Sec. 7. If any person shall sell and convey to another, Title perfee-
by deed or conveyance, purporting to convey an estate in ^ ^ilcT S^
fee simple absolute, in any tract of land or real estate, ly- uresto gratf-
ing and being in this stale, not then being possessed of the tee
legal estate or interest therein at the time of the sale and
conveyance, but after such sale and conveyance, the ven-
dor shall become possessed of, and confirmed in the legal
estate, to the land or real estate so sold and conveyed, it
shall be taken and held to be in trust, and for the use of
the grantee or vendee; and the conveyance aforesaid,
shall be held and taken, and shall' be as valid as if the
grantor or vendor had the legal estate or interest, at the
time of said sale or conveyance.

Sec. 8. Every deed conveying real estate, which by any Deeds of de-
other instrument in writing, shall appear to have been in- [^JJ^'j^
tended oily as a security in the nature of a mortgage, thirty dajs
though it be an absolute conveyance in terms, shall be
considered as a mortgage; but the person or persons for
whose benefit any such defeasance, or other writing, in-
tended to operate as a defeasance is made, shall not have
the benefit thereof, unless the defeasance or other writing
intended to operate as such, shall be recorded in the office
13 ...

38 CONVEYANCES.

in which the absolute deed is required to be recorded,
within thirty days after such absolute deed is recorded.
All deeds or Sec. 9. Every deed, grant, bargain, conveyance, mortgage,
other writing* defeasance, bond, covenant or other writing of, and con-

concernine . 7 . , ' .. • . ,

Ian i to bf ac cerning any lands, tenements, hereditaments or real estate,
knowledge-! within this state, whereby the same may he affected in law
fore reconkd or equity (may, in order k> entitle any of the before enu-
merated writings to be recorded,) be acknowledged by the
party or parties executing the same in proper person, or
by his, her or their lawful attorney, authorized by power
in writing for that purpose specially, or proved by one or
more of the subscribing witnesses thereto, before one of
the judges of the supreme or circuit court of this state,
or hefore one of the clerks of the circuit court, and certi-
fied by such clerk, under the seal of the said court, or before
one of the justices of the peace of the county where the
land intended to be affected or conveyed shall lie; but
Kow non-res- wnere ^ne party or parties executing such writing; live or
convey land be outofthis state,the same may be acknowledged before one
in this state 0f tne judges of the supreme or district court of the Uni-
ted States, or of the superior courts in any of the United
States or Territories, or before any clerk of any court of
record, in any of the United States or their Territories,
and certified by such clerk under the seal of the court.
And how au- &ECt ir)# All acknowledgments and proofs of any deeds,
thenticated conveyances or writings made as aforesaid, by persons, be-
ing or residing out of the United States, at the time of
the execution thereof, for the conveyance of any lands in
this state, taken or made before the mayor or chief officer
of any city in the kingdom or government, where the par-
ty or parties executing the same may reside or be, and du-
ly certified under the seal of office of the said mayor or
principal officer, shall be of like force and validity, and
entitle the same to be recorded, as if the same were ac-
knowledged in the manner prescribed in the preceding
section of this act.
Duty of the Sec. 11. No judge or other officer shall take the ac-
judg'e or other knowlegment of any person to any deed or instrument of
uvCackuov'i- wr'th)g as aforesaid, unless the person offering to make
edgmentor such acknowledgment, shall be personally known to him
yroof of deeds to be the real person who, and in whose name such acknowl-
edgment is proposed to be made, or shall be proved to be
such, by a credible witness, and the judge or officer tak-
ing such acknowledgment, shall in his certificate thereof
state, that such person was personally known to him to be
the person whose name is subscribed to such deed or wri-
ting, as having executed the same, or that he was proved
fpbe such by a credible witness, (naming him:) and on ta-

CONVEYANCES. 99

king proof of any deed or instrument of writing by the
testimony of any subscribing witnesses, the judge or officer
shall ascertain, that the person who offers to prove the
same, is a subscribing witness, either from his own knowl-
edge or from the testimony of a credible witness; and if
it shall appear from the testimony of such subscribing wit-
ness that the person whose name appears subscribed to
such deed or writing, is the real person who executed the
same, and that the witness subscribed his name as such, in
his presence and at his request, the judge or officer shall
grant a certificate, stating that the person testifying as
subscribing witness, was personally known to him to be the
person whose name appears subscribed to such deed as a
witness of the execution thereof, or that he was proved to
be such by a credible witness, (naming him) and stating
the proof made by him; and where any grantor or person
executing such deed or writing, and the subscribing wit-
nesses are deceased, or cannot be had, the judge or offi-
cer, as aforesaid, may take proof of the hand writing of
such deceased party, and subscribing witness or witnesses
(if any) and the examination of a competent and credible
witness, who shall state on oath or affirmation, that he per-
sonally knew the person, whose hand writing he is called
to prove, and well knew his signature; (stating his means
of knowledge,) and that he believes the name of such per-
son subscribed to such deed or writing, as party or wit-
ness, (as the case may be,) was thereto subscribed by such
person; and when the hand writing of the grantor or per-
son executing such deed or writing, and of one subscrib-
ing witness, (if any there be) shall have been proved as
aforesaid, the judge or officer shall grant a certificate
thereof, stating the proof aforesaid.

Sec. 12. It shall and may be lawful for any married Relinquish-
woman to release her right of dower, of, in and to any lands ™ent of dow-
and tenements, whereof her husband may be possessed or
seized, by any legal or equitable title during coverture, by
joining such husband in the deed or conveyance, for the
conveying of such lands and tenements, and appearing and
acknowledging the same before any judge or other officer
authorized to take acknowledgments by this act; and it
shall In- the duty of such judge or other officer, if such
woman he not personally known to him, to be the person tdentifyof
who subscribed such deed or conveyance, to ascertain the ^mined
same by the testimony, of at least, one competent and cre-
dible witness; and upon being satisfied of that fact, shall
acquaint such woman with the contents of the deed or
conveyance, aru) shall examine her separate and apait
from her husband, whether she execuied the same, and re-

100 CONVEYANCES.

linquished her dower to the lands and tenements therein
mentioned, voluntarily, freely, and without compulsion of
her said husband; and if she acknowledge that she exe-
cuted the same, and relinquishes her dower, in the lands
and tenements therein mentioned voluntarily and freely and
without the compulsion of her husband, such judge or
Certificate other officer, shall grant a certificate, to be endorsed on,
or annexed to, such deed, stating that such woman was
personally known to him, or was proved by a witness,
(naming him,) to be the person who subscribed such deed
or writing; and that she was made acquainted with the
contents thereof, and was examined, and acknowledged
such deed as aforesaid; which, being recorded, together
with the deed, duly executed and acknowledged by the
Effect of husband according to law, shall be sufficient to discharge
and bar the claim of such woman to dower, in the lands
and tenements conveyed by such deed or conveyance.
Husband and $EC* 1 3- When any husband and wife, residing in this
witv may con- state, shall wish to convey the real estate of the wife, it
T? rera!.tS" shall and may be lawful for the said husband and wife, she

tate of the . . , -> , _ .

wife being above the age of eighteen years, to execute any

grant, bargain, sale, lease, release, feoffment, deed, con-
veyance or assurance, in law whatsoever, for the convey-
ing of such lands, tenements and hereditaments; and if af-

ments°Wledg" *er tne executmg thereof, such wife shall appear before
some judge or other officer, authorized by this act to take
acknowledgments, to whom she is known, or proved by a
credible witness to be the person who executed such deed
or conveyance, such judge or other officer, shall make her
acquainted with, and explain to her the contents of such
deed or conveyance, and examine her separate and apart
from her husband, whether she executed the same volun-
tarily, freely, and without compulsion of her said hus-
band; and if such woman shall, upon such examination,
acknowledge such deed or conveyance to be her act and
deed, that she executed the same voluntarily and freely,
and without compulsion of her husband, and does not wish
to retract, the said judge or other officer, shall make a
certificate endorsed on, or annexed to such deed or con-
veyance, stating that such woman was personally known to
the said judge or other officer, or proved by a witness,
(naming him,) to be the person who subscribed such deed
or conveyance, and setting forth that the contents were
made known and explained to her, and the examination
and acknowledgment aforesaid; and such deed (being ac-
knowledged or proved according to law as to the husband,)
shnll be as effectual in law as if executed by such woman
while sole and unmarried. No covenant or warrant v con-

CONVEYANCES. 101

tained in any such deed or conveyance, shall in any man- To operate
nor bind or affect such married woman, or her heirs, mr- c|aimastothe
tli. i than to convey from her and her heirs effectually, her wife
right and interest expressed to be granted or conveyed in
sue h deed or conveyance.

Sec. 14. Where any feme covert, not residing in this Feme covert*
stato, being above the age of eigbteen years, shall join ^^"f^how
with her husband, in any deed, mortgage, conveyance, or to convey
other writing of, or relating to any lands or real estate,
situated within this state, she shall thereby be barred of,
and from all claim ot dower, and all other interest, claim,
seizin, right and title therein, in like manner as if she were
.sole and of full age; and the acknowledgment or proof of
such deed, mortgage, conveyance or othqfr writing, may
be the same, as if she were sole, and shall entitle such deed,
mortgage, conveyance or other writing, to be recorded, as
is authorized by this act.

Sec 15. All grants, bargains, sales, leases, releases, Deeds to be
mortgages, defeasances, conveyances, bonds, contracts, J|®° ^aie re«
and agreements, of and concerning any lands, tenements, corder) as to
or hereditaments, or whereby the same may be affected JjJwgJJg*™""
in law or equity, whether executed within or without this
state,shall be recorded in the recorder's office in the county
where such lands, tenements, or hereditaments are lying
and being, within twelve months after the execution of
any such writings; and every such writing, that shall at
any time after the publication hereof, remain more than
twelve months after the making of such writing, and shall
not be proved and recorded as aforesaid, shall be adjudged
fraudulent and void against any subsequent bona fide pur-
chaser or mortgagee, for valuable consideration, unless
such deed, conveyance or other writing, be recorded as
aforesaid, before the proving and recording of the deed,
mortgage or writing, under which, any such subsequent
purchaser or mortgagee shall claim.

Sec. 1G. All powers or letters of attorney, or agency, powcW6raf_
authorizing the granting, selling, conveying, assuring, re- tome) to be
leasing or transferring, or for the executing or ackncvvl- recorded
edging of any grants, sales, leases, assurances or other con-
v« yances, or writings whatsoever, concerning any lands
aid tenements, or whereby the same may be affected in
law or equity, shall be acknowledged or proved, and re- Tobeac.
corded as herein before required in cases of deeds and knowledges
oilier assurances, after which all grants, conveyances and or prated

urances, made and acknowledged, pursuant to the pow-
er* ni led, unless the same be revoked by a deed duly ac-
iwlcdged and proven, and recorded a? aforesaid, shall

102 COSTS.

be as valid and effectual as if executed and acknowledged
by the constituent or constituents.
Beedswheth Sec. 17. Every deed, conveyance, or other writing, of^
or not°maevd or cor,cerning anv lands, tenements or hereditaments, which
b* read in ev DJ virtue of this act, shall be required or entitled to be
tdence recorded as aforesaid, being acknowledged or proved ac-

cording to the provisions of this act, whether the same be
recorded or not, may be read in evidence without any fur-
ther proof of the execution thereof, and if it shall appear to
the satisfaction of the court, that the original deed so ac-
"When the knowledged or proved, and recorded, is lost, or not in the
original is lost power of the party wishing to use it, a transcript of the
acopy from record thereof, certified by the recorder in whose office
may be read *ne same may De recorded, may be read in evidence, in any
in evidence court of this state, without proof thereof.

Sec. 1 8. All acts and parts of acts coming within the
Acts repealed purview of thig act? are hereby repealed.

This act to take effect from the first day of July next.

[Approved, Jan. 31, 1827.]

COSTS.

1st, 1827 AX ACT concerning Costs.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That in all actions on
Non residents office bonds for the use of anv person ; actions on the bonds
fy for costs °' executors, administrators or guardians ; qui tarn actions;
actions on any penal statute; and in all cases in law or
equity, where the plaintiff or person for whose use an ac-
tion is to be commenced, shall not be a resident of this
state, the plaintiff or person for whose use the action is to
be commenced, shall, before he institute such suit, file, or
cause to be filed with the clerk of the circuit or supreme
court in winch the action is to be commenced, an instru-
ment in writing, of some responsible person, being a resi-
dent of this state, to be approved by the clerk, whereby
such person shall acknowledge himself bound to pay,
or cause to he paid, all costs which may accrue in such
action, either to the opposite party, or to any of the offi-
cers of such courts; which instrument in writing may be-
lli the form, and to the purport following, to wit:

COSTS, 103

&. B. ) Court,

vs. >

C. D. )

I do hereby enter myself security for costs in this cause, Bond
and acknowledge myself bound to pay or cause to be paid,
all costs which may accrue in tins action either to the op-
posite party or to any of the officers of this court, in pur-
suance of the laws of this state. Dated this day of

E. F.

If any such action shall be commenced without filing dismissed ^
such instrument of writing, the court, on motion, shall dis-
miss the same, and the attorney of the plaintiff shall pay The nuo-ney
all costs accruing thereon; and if a" any time after the shallPa)c0Sts
commencement of any suit by a resident of this state, he
shall become non-resident; or, if in any case the court R v,
shall be satisfied that any plaintiff is unable to pay the quired UceT-
costs of suit, or that he is so unsettled as to endanger the fain cases w
©fficers of the court, with respect to their legal demands, f0^oSUnty
it shall be the duty of the court, on motion of the defen-
dant or any officer of the court, to rule the plaintiff on or
before a day, in such rule named, to give security for the
payment of costs in such suit: if such plaintiff shall neglect
or refuse, on or before the day in such rule named, to file
an instrument of writing of some responsible person, being
a resident of this state, whereby he shall bind himself to
pay all costs which have accrued, or may accrue in such
action, the court shall, on motion, dismiss the suit.

Sec. 2. If any court shall, before, or after the com-
mencement of any suit, be satisfied that the plaintiff is a
poor person, and unable to prosecute his or her suit, and Poor persona
pay the costs and expenses thereof; they may in their dis- cUate ^.out
cretion, permit him or her to commence and prosecute paying costs
his or her action, as a poor person; and thereupon such
person shall have all the necessary writs, process and
proceedings, as in other cases without fees or charge. —
The court may assign to such person counsel, who, as well Co?ns*I l? be
as all other officers of the court, shall perform their duties aS3!sne
in such suit without any fees, charge or reward: if judg-
ment be entered for the plaintiff there shall be judgment
for his costs; which costs shall be collected for the use of
the said officers.

Sec. 3. If any person shall sue in any court of this state, Plaintiff* costa
any action, real, personal or mixed, or upon any statute l0 be tax,''i &
for any offence or wrong immediately personal to the exSSa **
plaintiff, and shall recover any debt or damage in such
action, then the plaintiff or demandant shall have judg-
ment to recover costs against the defendant, to be taxed; Exception
ind thp same shall be recovered together with the debt

104

COSTS.

When dffen-
d:;nt shall re-
cover coats

Defendant's
costs

Upon demur
rer

PifFs costs up
on demurrer

Costs to be
given at the
discretion of
the court in
certain cases

Where there
are several
counts

Where sever-
al delts in tort
some acquit-
ted

or damages by execution, except in the cases hereinafter
me; tioned.

Sec. 4. If any person shall sue in any court of record
of this state, any action, wherein the plaintiff or demand-
ant might have costs in case judgment be given for
him, and he be - non-pros d, or suffer a discontinu-
ance, or be non-suited after appearance of the defendant,
or a verdict pass against him; then the defendant shall
have judgment to recover his costs against the plain (iff,
(except against executors or administrators prosecuting in
the right of their testator or intestate) or demandant to he
taxed, and the same shall be recovered of the plaintiff or
demandant, by like process as the plaintiff or demandant
m; gilt have had against the defendant, in case judgment
had been given for such plaintiff or demandant.

Sec. 5. Any person making avowry, justification or
cognizance in replevin, if the same be found for him, or
the plaintiff be non-suited or non-pros'd, suffer a discontinu-
ance, or be otherwise barred, then such person shall re-
cover his damages and costs against the plaintiff, in like
manner as the plaintiff would have done, if the same had
been found against the defendant.

Sec. 6. If, in any action, judgment upon any demurrer,
by either party to the action, shall he given against the
plaintiff or demandant, the defendant shall recover costs
against the plaintiff or demandant. If such judgment be
given for the plaintiff or demandant, be shall recover costs
against the defendant; and the person so recovering costs,
shall have execution for the same.

Sec 7. Where any defendant in any action, or plaintiff in
replevin, shall plead several matters, and any of such mat-
ters, upon demurrer joined, shall he adjudged insufficient,
or if a verdict shall be found, in any issue of the cause, for
the plaintiff or demandant, costs shall be given at the dis-
cretion of the court.

Sec. 8. Where there are several counts in any declar-
ation, and any one of them be adjudged insufficient, or a
verdict ou any issue joined thereon, shall be found for the
defendant, costs shall be awarded in the discretion of the
court.

Sec. 9. Where several persons are made defendants to
any action of trespass, assault, false imprisonment, detinue,
replevin, trover or ejectment, and any one or more of
them shall, upon the trial, he acquitted by verdict, vxevy
person so acquitted shall recover his costs of suit, in like
manner as if such verdict of acquittal had been given in
favour of all the defendants.

COSTS. 105

Sec. 10. In all suits upon any writ of scire facias, or On scire facias
up > i prohibition, the plaintiff obtaining judgment, or an & i)l*ohibilion
aw ird of execution, after plea pleaded, or demurrer join-
ed therein, shall recover : lis costs of suit; if the plaintiff
shall he non-suitcJ, non pros' d, or suffer a discontinuance, or
a verdict shall pass against him, the defendant shall re-
cover his costs. ,

Sec. 1 1. In no case in the circuit court shall the fees of Costa for four
m:>re than four witnesses be taxed against the party ^^ sonIy
against whom judgment shall be given for costs, unless the
court shall certify on their minutes, that more than four
witnesses were really necessary, in which case the clerk,
shall tax the costs of as many witnesses, as the court shall
so certify.

Sec. 12. In all cases, wbere any action shall be dismiss- Costs in case9
ed for irregularity, or be non-pros V7 or non-suited by reason °f n°n SUU*
that tiie plaintiff neglects to prosecute the same, the de-
fendant shall have judgment for his costs, to be taxed, and
have execution thereof.

Sec. 13. In all suits and actions commenced, or to be Where the
commenced for, and on behalf of the people of this state, ^°P^?kA
or the governor thereof, or on behalf of the president and arepam
directors of the state bank, or for, or on behalf of any
county of this state, or in the name of any person for the
use of the people of this state, or any county, then and in
every such case, if the plaintiff or plaintiffs shall recover
any debt or damages in such action or suit, the plaintiff
or plaintiffs shall recover costs as any other person in like
cases: But if such plaintiff or plaintiffs suffer a discontinu-
ance, or be non-suited or non-pros'd, or verdict pass against
such plaintiff or plaintiffs, the defendant shall not recover
any costs whatever. Nothing in this section contained
shall extend to any popular action, nor to any action to be
prosecuted by any person in behalf of himself and the peo-
ple or a county, upon any penal statute.

Sec. 14. Upon the complainant dismissing his bill in Costswhett
equity, or the defendant dismissing the same for want of . covered in
prosecution, the defendant shall recover against the com- e<luity
plainant full costs; and in all other cases in chancery, not
otherwise directed by law, it shall be in the discretion of
the court to award costs or not; and the payment of costs,
when awarded, may be compelled by execution.

Sec. 15. When any suit shall be commenced in the Cestuyque
name of one person, to the use of another, the person to use bound for
whose use the action is brought shall be held liable and c0,t*
buund for the payment of all costs which the plaintiff may
be adjudged or bound to puy, to be recovered by action
on the case.

106 COSTS.

Sec. 16. In all rases of appeal or certiorari upon the
° ru'ra^1 °r Judgments of justices of the peace, when the judgment of
the justice of the peace shall he wholly affirmed or revers-
ed, the party succeeding shall recover from the opposite
party his costs, not only in the circuit court hut before the
justice of the peace, and shall have his execution there-
for: not more than fifteen dollars shall be taxed for costs
in the circuit court, against the losing party in any such
case; whatever costs shall have been made by the party
succeeding in such appeal or certiorari ever and above the
said sum of fifteen dollars shall be paid by himself: where
the judgment of the justice of the peace shall he affirmed
in part, then the court shall divide the costs between the
parties, according to the justice of the case.

Sec. 17. In all cases of appeal from the decision of a
*SToffr°r£- 3udSe of probate, the costs shall be in the discretion of the
Latx,kc circuit court.

Sec. 18. If any person shall sue out a writ of error, or
Sriw^error take an aPPea' to tne supreme court, to review the judg-
to supreme meat of the circuit court, and the same judgment be af-
court firmed, or the writ of error be discontinued or quashed, or

the plaintiff in error or appellant be non-suited, the defen-
dant in error or appellee shall recover his costs, and have
execution therefor; and if the judgment be reversed, the
appellant or plaintiff in error shall recover his costs, and
shall have execution therefor, as in other cases.

Sec 19. In e\ery such case, if the judgment or decree
Per centum be affirmed in the whole, the party prosecuting such writ
&c may be a-. 0f error or appeal, shall pay to the opposite party a sum
not exceeding ten per centum on the amount of the judg-
ment or decree so attempted to be reversed at the discre-
tion of the court, and in addition to the costs, shall have
judgment and execution thereof: Provided, The supreme
court shall be of opinion that such appeal or writ of error,
was prosecuted for delay.

Sec. 20. Where such judgment or decree shall be re-
Coais may be versed in part, and affirmed in part, the costs shall be ap-
apporuone portioned between the parties, according to the discretion
of the supreme court.

Sec 21. The clerk of any court in this state, is hereby au-
Cutyof clerks thorized and required to tax and subscribe all bills of costs
arising in any cause or proceeding, instituted in the court
of which he is clerk, agreeably to the fees which shnll,
for the time being, be allowed or specified bylaw; and
shall in no case allow any item or charge, unless he shall
be satisfied that the service for which it was made, was
actually performed in the cause.

Sec. 22. If any person shall feel himself aggrieved by

COUNTIES. W*

the taxation of any bill of costs by the clerk, be may ap-
ply to the court in which the action or proceeding was had,
to rctax the same according to law: If the said court shall
find any charge allowed lor services not performed, or for ^*™JJ£.
which the person charged is not liable, or any item charg- giitved
ed higher than by law is allowed, then the court shall cor-
rect such taxation, and if the party aggrieved shall have
paid such unlawful charge, the clerk shall forfeit all fees Jj^jJ*^
allowed to him for taxation, and shall pay to the pariy ag-
grieved the whole amount which he may have paid, by
reason of the allowing of such unlawful charge.

Sec 23. In all cases where either party shall be ad- Fee Wis may
judged to pay costs before final judgment, by reason of ^^Us be-
setting aside non-suit, default, or non-pross, or the granting of fore final
a continuance or new trial, or otherwise; and in all cases j^gment
where there is security for costs, or attorney liable for
costs, or an action brought to the use of another, and the
plaintiff shall be adjudged to pay the costs, either before
or upon final judgment, it shall be lawful for the clerk to
make out and tax a bill of costs so adjudged to be paid,
against the party adjudged to pay the same, and against
his security for costs, or other person liable for the pay-
ment thereof, or either of them, and certify the same un-
der the seal of the court, which being delivered to the
sheriff of the proper county, he shall demand payment
from the person therein charged; if payment shall not be
made accordingly, within thirty days after such demand,
the sheriff shall levy the same on the goods and chattels,
lands and tenements, of the persons so chargeable, and
proceed therein in all things as on a writ of fieri facias.

Sec. 24. All acts and parts of acts coming within the Acts repealed
purview of this act are hereby repealed: But all costs, ac-
tions and rights which have accrued under any law, re-
pealed by this act, are saved from the operation of the
foregoing repealing clause.

This act to be in force on the first day of June next.
[Approved, Jan. Ivth, 1827.]

COUNTIES.

# In force July

«#JV ACT to incorporate Counties, l, 1827

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That each county ^J^JS
which now exists, or which may hereafter be established
in this state, shall be a body corporate and politic. All

U)U COUNTIES.

suits hereafter to be brought by or against any of the
counties in this state, shall be brought in the name of, or

Suits bro't bv against "tbe county of ;" and by that name they

oouuii s to ^ maj sue and be sued, plead and be impleaded, defend and
m eir name ^e defended, in any court of record, or other place where
justice shall be administered. It shall he the duty of the
county commissioners' court of each of the counties of this
state to take and order suitable and proper measures for
the prosecuting and defending of all suits to be brought
by or against their respective counties.

Sec. 2. All deeds, grants and conveyances heretofore
Deeds, &c to made, or which shall be hereafter made, and duly ac-
cou-aies when knowledged and recorded, as other deeds conveying any
lands, tenements or hereditaments, to any county or the
inhabitants of any county and their successors, or to the
county commissioners, or to the county commissioners*
court, or to the governor, or any other person or persons
by whatever form of conveyance, for the use and benefit of
any county, shall be good and valid to all intents and pur-
poses, to vest in such county in fee simple or otherwise, all
sucii right, title, interest and estate as the grantor or gran-
tors in any such deed or conveyance had at the time of
the execution thereof, in the lands conveyed, and was in-
tended thereby to be conveyed.

Sec. 3. The county commissioners' court may by their
Power of order to be entered on their minutes, appoint a commis-

commis8ion- , ,, , j. « , ' */ r . .

era' court o*- sioner to sell and dispose oi any real estate ot their county,
ver county and the deed of such commissioner, under his proper hand
property an(j gea^ ^v an£j .fi Denaif 0r sucn county, duly acknowl-
edged and recorded, shall be sufficient to all intents and
purposes to convey to the purchaser or purchasers, all the
right, title, interest and estate, whatever which the county
may then have in and to the premises^ so to be conveyed.
Sec. 4. All notes, bonds, bills, contracts, covenants,
Capacity of to agreements or writings made, or to be made, whereby any
contract person or persons is, are or shall be bound to any county
or the inhabitants thereof, or the county commissioners, or
county commissioners' court, or to the governor, or any
other person or persons, in whatever form for the payment
of money, or any debt or duty, or the performance of any
matter or thing to the use of any county shall be as valid
and effectual to all intents and purposes, to vest in the said
county all the rights, interest and actions, which would be
vested in any individual, if any such contract had been
made directly to him: Suits may be commenced, sued and
prosecuted thereon in the name of said county as is pro-
vided in the first section of this act; or in the name of the
person to whom they are made to the use of the county, as

COUNTIES. *0&

fully and effectually, to all intents and purposes, a3 any
p. rsoii may or can upon like notes, bills, bonds, contracts,
agreements or writings made to him.

Sec. 5. The county commissioners' court may appoint
an agent or agents, to make any contract on behalf of such ap0poia™gent«
county for erecting any county building, or for any other
purpose authorized by law. The contracts of such agent
or agents duly executed for and on behalf of such county,
shall be valid and effectual to bind such county to all in-
tents and purposes.

Sec. 6. Ail actions, local or transitorv, against any A<rtl°ns *-
county, may be commenced and prosecuted to nnal judg- & \n favQi?
ment and execution in the circuit court of the county
against which the action is brought. Any action, local uhere Prese~
or transitory, in which any county shall be plaintiff, may cutet
be commenced and prosecuted to final judgment, in the
county in which the defendant in such action resides. — in actions a-
When any action shall be commenced against any county, gainst eounties
a copy of the summons shall be left with the clerk of the ££JS^3i
commissioners' court, either during the sitting of said the summon*
court, or so as a term of said court shall intervene between
the day of leaving a copy of such summons and the return
day thereof. There shall always be ten days between J?en da}'3 n0~
the service and return of every such summons. In all ac-
tions brought by or against any county, the inhabitants of When county
the county so suing, or being sued, may be jurors or wit- j*deft inhsjjjj""
nesses, if otherwise competent or qualified according to jailors
law.

Sec. 7. When any judgment shall be rendered against
any county, it shall be the duty of the county commission- ^T ofcona-

i l a. j j- *. i j ii • , miss'oners af-

ers court to order a warrant to be drawn on their treasur- to? judgment
er for the amount of the judgment and costs; which war-
rant shall be paid as other county debts. Nothing herein
contained shall authorize any execution to be issued
against lands or other property of any county of i his state.
Sec. &. All acts and parts of acts coming within (he
purview of this act,' are hereby repealed. This act to
lake effect from and after the first day of July next: Pro-
vided^ That this act shall not affect any contract or right
which may have accrued to, or against any county before
the passage of this act; and all actions and suits shall he
conducted in the same manner, to final judgment, on the
said rigiits and contracts as if this act had not been pass-
ed.

[Approved, Jan. 3, !827.]

Acts rep :? 1 1

no COUNTIES.

AN ACT

Requiring persons zvho petition the General Assembly to gke
i!!i82r° Une &rta*n notices before such petitions are finally acted upon.

Sec. 1. Be it enacted by the People of the State of Illinois ,
Four weekB represented in the General Assembly, That no petition or pe-
gijeae t0 be tillons shall, after the end of the present session of the gen-
eral assembly, be finally acted upon, which prays for a
change of county lines, the erection of new counties, the
removal of the seat of justice of any county, or which may
affect the rights and interests of any person or persons,
unless the petitioner or petitioners shall have given four
weeks' notice in some uewspaper printed in this state ;
and a copy of said advertisement shall be put up on the
court house door in said county, at least two months be-
fore such petition or petitions shall be presented to the
general assembly.

Sec 2. The act entitled "An act relative to the forma-
tion and division of new counties" is hereby repealed.
Vocountvto Sec. 3. That no county shall hereafter be divided, or
be divided un- county seat removed, unless it be done on a petition, sign-
less on peti- e(j by a majority of the qualified voters of said county, so
fy ©fvotera" to De divided, or the county seat removed; which petition
shall particularly describe the line or lines of division or
curtailment so proposed, and the particular place to which
such county seat is proposed to be removed.

This act to be in force from and after the first day of
June next.

[Approved, Dec. 26, 1826.]

PERRY COUNTY.

in force Jar u. jjy 1CT cteatim Perry County.

Sec. 1. Be it enacted by the People of (he State of Illinois^
represented in the General Assembly, That all that tract of
country within the following boundaries, to-wit: Begin-
$oundariea ning at the north east corner of township numbered four,
south of range numbered one west; thence due west, on
the line between townships three and four, twenty-four
miles to the north west corner of township four south, of
range four west; thence due south, on the line between
ranges four and five, eighteen miles, to the south west cor-
ner of township six south, of iange four west; thence due
eaaj on the line between townships six and seven, twenty-

COUNTIES/ Ill

ibur miles, to the south east corner of township six south,
of range one west; thence due north on the third princi-
pal meridian line, eighteen miles to the place of begin-
ning, shall constitute a new county, to be called the
county of Perry. .

Sec. 2. That for the purpose of locating the permanent e/s™oTc*:e
seat of justice for said county, the following named per- jfiewat of
sons shall be, and they are hereby appointed commission- jusuce*
crs, to-wit: Edward Humphreys and Samuel Crawford,
of Randolph county, and Singleton H. Kimmel, of Jack-
son county, whose duty it shall be to meet at the house of
Amos Anderson, in said county, on or before first Monday
of April next, and after being duly sworn before some
judge or justice of the peace of this state, faithfully and Their duty
impartially to discharge the duties imposed upon them by
this act, shall proceed to determine upon a place upon
which to locate the permanent seat of justice, for said
county: Provided, The proprietor or proprietors of
the land so selected, will give to the county, for the pur-
pose of enabling it to erect the necessary public buildings, Donation to
a quantity of land not less than twenty acres; which said be made
land shall be conveyed to the county commissioners of
said county and their successors in office, for the use of
the people of said county, by a good and sufficient deed in
fee simple, in the customary form, and with the usual cov-
enant of warranty; and shall afterwards be laid out in- County com.
to lots, and sold under the direction of the county com- m'ss»oner'*
missioners of said county, at such times and upon such u-v
terms as the said commissioners may appointor the purpose
of enabling said county to erect the necessary public buil-
dings as aforesaid. Should the proprietor or proprie-
tors, refuse to make a donation, as aforesaid, then, and in
that case, it shall be the duty of the commissioners to fix
upon some other place for the seat of justice, which place,
when so fixed and determined upon, shall be considered
the permanent seat of justice for said county; and the
county seat when so established, shall be called Pinckncy- Name ofto™
mile. And the said commissioners shall certify their pro-
ceedings, under their proper hands and seals, to the first
county commissioners court, to be held in and for said
county; which court' shall cause an entry thereof to be
spread at large on their books of record.

Sec. 3. Until public buildings shall be erected for the
purpose and designated by the county commissioners
court, as such, the several courts of record, with the ex-
ception of the probate court, shall be held at the house of
Amos Anderson in said county.

*>fc. 4. Au election shall be held at the house of the

H2 COUNTIES.

Election to be above named Amos Anderson, on the first Monday of May
next, for three county commissioners, one sheriff, and one
coroner, for said county, who shall hold their offices until
the next general election, and until their successors be
qualified; which said election, shall in all respects be con-
ducted agreeably to the provisions of the act or acts now
in force, or which may hereafter be enacted regulating
elections: Provided, That the qualified voters of said
county, when met, shall proceed to elect, from among
their number which may then be present, three qualified
electors, to act as judges of said election, who shall ap-
point two qualified voters to act as clerks.

Clerk's duty §EC. 5. It shall be duty of the clerk of the circuit court,
who may be appointed for said county, to give public notice
of the time and place of holding said election, by causing ad-
vertisements to be set up at three of the most public places
in said county, at least fifteen days previous to the day
on which it is hereby directed to be held: and in case
there shall be no clerk appointed in time, it shall be the duty
of the recorder to give notice as aforesaid, of the time,
and place of said election.
. , Sec. 6. The citizens of the said county of Perry shall

5e%iij!ei»0 be and they are hereby declared to be entitled to the
same rights and privileges, as are or may be allowed in.
general to the other counties in this state.

Sec. 7. That until the next general apportionment of

With what ^he representation of the several counties of this state, all

to"™ * that part of the said county of Perry, which is hereby ta-

ken from the county of Randolph, shall constitute a sepa-
rate and distinct precinct, which shall continue to vote
with the county of Randolph in all general and special
elections for senators and representatives to the general
assembly of this state: and all that part which is taken
from the couniy of Jackson, shall for the like period, in like
manner continue to vote with the county of Jackson for
representatives, and with the counties of Franklin and
Jackson for senators to the general assembly, in all gene-
ral and special elections, until otherwise directed by law:
Provided, That the said county of Perry shall in all other
elections, and for all other officers, be entitled to vote as a
free and independent county, without any other or further
restriction, than is imposed upon other counties in this
state. The said county of Perry shall be attached to and
form a part of the second judicial circuit.

Sec. 8. The said commissioners shall receive as a com-
Compensiiion pensation for their services, the sum of one dollar and

Sonera"18 fifty cents Por <%> ^or earh da? !)>' tllPm necessarily spent
in discharging the duties imposed upon them by this act.

COUNTTES. U3

lo be allowed by the county commissioners' court, and
paid out of the county treasury.

This act to take eflect from and after its passage.

[Approved, Jan. 29, 1827.]

TAZEWELL COUNTY.

AX ACT creating the County of Tazewell. In force Jana

ry 31, 1827.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That all that tract of
country lying within the following boundaries, to-wit: Be- Boundaries
ginning at the nortli east corner of township twenty, north
©f the base line, and east of the third principal meridian
lino, thence north with said range line, to the north line
©f township twenty-eight north, thence west to the Illi-
nois river, thence down said Illinois river to the north line
©f township twenty, north of the base line, and west of
the third principal meridian; thence east with said town-
ship line to the place of beginning, shall constitute a new
county, to be called Tazewell.

Sec. 2. For the purpose of fixing the permanent seat rjomnylss;oa.
of justice of said county, the following persons are hereby emofix the
appointed commissioners, viz: Thomas M. Neal, William 3eat ot Justic^
Lee D. Ewing, and Job Fletcher, who, or a majority of
them, being first duly sworn befor^ some justice of the peace
of this state, faithfully to take into consideration the con-
venience of the people, the situation of the settlement,
with an eye to future population, and the eligibility of the
place, shall meet at the house of William OrendorfF, in Their doty
said county, on the third Monday in March next, or with-
in five days thereafter, and proceed to examine and deter-
mine on a place for the permanent seat of justice of said
county, and designate the same: when the said commis-
sioners shall designate the place aforesaid, they shall cer-
tify the same to the county commissioners of said county,
as soon as they shall be qualified to office, the half quarter
or quarter section of land so selected for said county seat;
and it shall be the duty of the said county commissioners,
as soon thereafter as they may be enabled, to enter the
same in the land office of the district in which the same
may be; and they shall immediately thereafter, lay offthe
same or any part thereof, which they may think proper,
into town lots; which town, when so laid off, shall be cal-
led Mackinaw, and sell the same on such terms and condi- Nameofth^..
fions as may be most advantageous to the interests of said towr*

i'U COUNTIES.

county, the proceeds of the sales of which, shall be ap-
propriated to trie erection of a sufficient court house and
jail. When the property aforesaid shall have been so sold,
the said county commissioners s all, when necessary, make
titles to the same, in the name of themselves, and their
successors in office.

Sec. 3. Until public buildings shall be erected for the
TlT^Td8 P,irPose' tne co,ir*s sl>all be held at the house of William
Orendorff, in said countv, or such other place as the coun-
ty commissioners may appoint.

Sec. 4. An election shall be held at the house of Wil-
liam Orendorff, in said couuty, on the second Monday of
April next, for one sheriff, one coroner and three county
commissioners for said county, who shall hold their offices
until the next general election, and until their successors
are qualified; which said election shall be conducted in
all respects agreeably to the provisions of the law regula-
ting elections: Provided, That the qualified voters pres-
ent, may elect from among their number present, three
qualified voters to act as judges of said election, who shall
appoint two qualified voters to act as clerks.

Sec. 5. It shall be the duty of the clerk of the circuit
t>ufv of the court of said county, to give notice at least ten days previ-
cierk ous to the election, to be held on the second Monday in

April next; and in case there shall be no clerk iri said
county, it shall be the duty of the recorder, or any justice
of the peace residing within the limits of said county, and
commissioned a justice of the peace for the county of Fay-
ette, or Peoria, to give notice of the time and place of hold*
ingsaid election.

Sec. 6. The citizens of the said county of Tazewell,
are hereby entitled in all respects, to the same rights and
privileges, as are allowed in general, to other counties of
• ■ this state.

Sec. 7. The commissioners appointed to locate the seat
Compensation of justice of said county of Tazewell, shall receive the
tocom'rs sum Qf one dollar and fifty cents per day for each day by
them necessarily spent, in discharging the duties imposed
on them by this act, to be allowed by the county commis-
sioners' court, and to be paid out of the county treasury
of said county.

Sec 8. The said county of Tazewell, shall be attach" d
oVthe to, and form a part of the first judicial district, and shall
•st judicial vote in all general elections, in conjunction with the coun-
ties of Fayette, Bond, Montgomery, and Shelby.

Sec. 9. All that tract of country lying north and east
Attached of said. county of Tazewell, and within the county limits
gu* of Fayette county, shall be, and is hereby attached to the

To form a

Circuit

COUNTIES. 114

pDunty of Tazewell, and shall vote in all elections with
said county; and shall have the same rights and privileges
that the citizens of Tazewell now have.
This act to take effect from its passage.

[Approved, Jan. 31, 1827.]

SHELBY COUNTY.

AN ACT creating Shelby County. L^z?**

^Sec. 1. Be it enacted by the People of the State of Illinois
•/epresented in the General Assembly, That all that tract of
country lying within the following boundaries, to-wit: Be- Boundary
ginning at the north west corner of section nineteen, in
township nine north, range one east, of the third princi-
pal meridian, thence north on the said meridian line, thir-
ty miles to the north west corner of section nineteen, in
township fourteen north; thence east thirty six miles to
the north east comer of section twenty -four, township
fourteen north, range six east; thence south thirty miles
to the southeast corner of section thirteen; thence west
thirty six miles to the place of beginning, shall constitute
a new county, to be called Shelby..

Sec. 2. For the purpose of fixing the permanent seat of commission*
justice of said county, the following persons are appoin- 'rstoi eate
ted commisioners, to-wit: John Hopton,Easton Whitton, jJsticeatQ
and William Lee D. Ewing, who, or a majority of them,
being first duly sworn before some justice of the peace of
this state, faithfully to take into view the convenience of
the people, the situation of the settlement, with an eye to
future population, and the eligibility of the place; shall
meet at the house of Barnet Bone, in said county, on the
first Monday of April next, and proceed to examine and
determine on a place for the permanent seat of justice of
said county, and designate the same: Provided, The pro-
prietor or proprietors of said land shall give to the county
for the purpose of erecting public buildings, a quantity of
land, not less than twenty acres, to be laid out in a square DonatiOQ
form, and divided into lots of a convenient size, and sold
for the purpose of erecting public buildings in said coun-
ty ; but should the proprietor or proprietors refuse to make
the donation as aforesaid, then, in that case, it shall be
the duty of the said commissioners to fix on some other
place for the scat of justice; as convenient as may be, to
the place first selected: Provided, The proprietor or pro-
prietors of the land, shall make a donation of twenty acres

COUNTIES.

Where the
courts to be
held

Election

Proviso

Clerk's duty

Rights of the
citizens

Compensa-
tion to corar'

Attached
nart

With what
counties to

vote

of land, to be laid out as above provided for; which place,
when so fixed upon, shall be the county seat of said < oun-
tv. The said commissioners shall certify their proceed-
ings to the next county commissioners' court, to be held in
and for said county; which court shall cause a record
thereof to be made in their books.

Sec. 3. Until public buildings shall be erected for the
purpose, the courts shall be held at the house of Barnet
Bone, in said county.

Sec. 4. An election shall be held at the bouse of the
gaid Barnet Bone, on the second Monday of April next,
for one sheriff, one coroner and three county commission-
ers for said county, who shall hold their offices until the
next general election, and until their successors are quali-
fied; which said election shall be conducted in all respects
agreeably to the provisions of the law regulating elections:
Provided, That the qualified voters present, may elect
from among their number present, three qualified voters*
to act as judges of said election, who shall appoint two
qualified voters to act as clerks.

Sec. 5. It shall be the duty of the clerk of the circuit
court of said county, to give public notice at least ten
days previous to the election, to be held on the second
Monday in April next; and in case there shall be no clerk
in .aid county, it shall be the duty of the recorder, or any
justice of the peace residing within the limits of said coun-
ty, and commissioned a justice of the peace for the coun-
ty of Fayette, to give notice of the time and place of hold*
ing said election.

Sec. . The citizens of the said county of Shelby, are
hereby entitled in all respects to the same rights and priv-
ileges, as are allowed in general, to the other counties of
this state.

Sec. 7. The commissioners appointed to locate the seat
of justice of said county of Shelby, shall receive the sum
of one dollar and fifty cents per day, for each day by them
necessarily spent in discharging the duties imposed on
them by this act, to be allowed by the county commission-
ers' court, and to be paid out of the treasury of said
county.

Sec 8. All that tract of country lying north of the
aforesaid county, of, and within the present boundaries of
the county of Fayette, shall be attached to the said coun-
ty of Shelby, until otherwise provided by law^ and for
members of the general assembly, said county of Shelby
and the attached parts thereof shall vote with Fayette,
Bond, and Montgomery counties; and the clerks of the
counties of Bond, Fayette, Montgomery, and Shelby, shall

COUNTIES. in

meet at Vandal ia, the county seat of Fayette, to compare
tin- number of votes given for senator and representatives
to the general assembly, and sign the necessary certificates
of election at Vapdalia, and forward the same to the per-
son or persons entitled to such certificate of election.

Sec. 9. The county seat of Shelby county, when estab- Name «£*•
lished, shall be called Shclbyville.

Sec. 10. The north half of township nine north, range
one west, all of townships ten, eleven, and twelve north,
range one west of the third principal meridian, shall he
attached to the county of Montgomery; and the citizens
within the tract of country above described, shall have the
same rights and privileges as the citizens of the county
now, or shall hereafter have. . .

Sec. 11. The said county of Shelby shall be, and is 8t;COni judi-
bereby attached to the second judicial circuit. cial circuit

This act to take effect from its passage.

[Approved, Jan. 23, 1827.]

JO DAVIESS COUNTY.

AN ACT establishing Jo Daviess County. In force Feb.

° 17, 1327

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all that tract of
country lying within the following boundaries, to wit: be- Boundaries
ginning on the north west corner of the state, thence down
the Mississippi river to the northern line of the Military
tract, thence east with said line to the Illinois river, thence
north to the northern boundary of this state, thence west
with said boundary line to the place of beginning, shall
constitute a county: and, to perpetuate the memory of
Colonel Joseph Hamilton Daviess, who fell in the battle
of Tippecanoe, gallantly charging upon the enemy at the
head of his corps, the said county shall be called Jo Da-
viess.

Sec. 2. The qualified voters residing within said coun- Election
ty shall meet at the village of Galena on the first Monday
of June next, and elect three county commissioners, one
sheriff, and one coroner for said county; and Charles St.
Vrain, David G. Bates and Patrick Hogan, are hereby
appointed judges of said election, who shall give notice,
appoint two clerks, and conduct the said election as other
elections for the same ofiiccrs are now required by law to
be published and conducted.

Sec. 3. That, for the present, until the true boundaries

U8 COURTS.

of the county be known, and provision therefor be made-
by law, for establishing the permanent seat of justice for
said county, all courts shall be held at the said village of
Court to be at Galena; the house or place of holding the same being
made known by an order or notice to be entered on tlie
records of the court.

Sec. 4. The said county of Jo Daviess shall be, and
Tone apart constitute a part of the first judicial circuit; and a circuit
of the first ju court shall be held therein, on the first Mondays of June
rfiml circuit a>lcf October, in each and every year. la case the judge
of the circuit court of said county, cannot attend at any
regular term of said court, it shall be his duty to notify
the clerk of said court of the same, who shall immediately
on receiving such information, notify all the justices oftne
peace ot said county, and it shall be the duty of the jus-
tices of the peace, or any three of them, of sa d county, on
Justice of the receiving such notice, to attend and hold said circuit court,
pen-e mav who, when sitting in said court, shall have, possess and
oi court exercise the same power and jurisdiction, in relation to all
civil and criminal causes, under capital, pending in said
court, as the circuit judge of said county would have if
presiding in said court. In all capital cases, the said
judge shall preside in said court.

Sec. 5. It shall be the duty of the prosecuting attorney
Doty of pros- of the first judicial circuit, to prosecute in the circuit court
ecutingattor- 0f j0 £)aviess county, or to depute some person skilled
in the law, to do the same for him; and in case of failure
therein, the said justices of the peace shall appoint a pro-
secutor, who shall receive the same fees, as the proper
prosecuting officer, if present, mi^ht lawfully receive.
Sec. 6. The said county shall vote in all general eleo
To vote with tions, in conjunction with the counties of Peoria, Fulton,
Schuyler, Adams and Pike.

[Approved, Xlth Feb. 1827.]

COURTS.

AJV ACT to amend an act constituting and regulating the
In force Jan. Supreme and Circuit Courts of this State, approved Dc-
12,1827 mntjcr 09, 1824.

Sec 1. Be it enacted by the People of the State of Illinois^

represented in the General Assembly, That the sixteenth and

Circuit courts seventeenth sections of the act entitled "An act constitu-

•abolished ting and regulating the supreme and circuit ourts of this

state," approved December 29, 1824, be, and the same

are hereby repealed.

COURTS. 119

Sec. 2. That hereafter the chief justice of the supreme
court, aid tue associate justices thereof, shall hold the cir- Supreme
cuit courts of this state, in the manner hereinafter provi- Sfelfceourt!
ded, and shall be governed by the same rules, regulations
a id restrictions, that are now applicable to the present
circuit courts of this state.

Sec 3. That the counties of Peoria, Fulton, Schuyler,
Ad tms, Pike, Calhoun, Greene, Morgan and Sangamon Circuits
shall compose the first judicial circuit. The counties of
Madison, St. Clair, Monroe, Randolph, Washington, Clin-
ton, Bond, Montgomery and Fayette shall comp< se the se-
cond judicial circuit. The counties of Jackson, Union,
Alexander, Johnson, Pope, Franklin, Gallatin, Marion,
Hamilton and Jefferson shall compose the third judicial
circuit. The counties of Clay, Wayne, White, Edwards,
Wabash, Lawrence, Crawford, Clark, Edgar and Vermil-
ion shall compose the fourth judicial circuit.

Sec. 4. That Samuel D. Lockwood shall perform cir- Assigned
cuit duties in the first judicial circuit: Theophilus W. thera
Smith in the second judicial circuit: Thomas C. Browne
in the third judicial circuit, and William Wilson in the
fourth judicial circuit.

[Approved, Jan, 12, 1827.]

AN ACT

Supplemental to an act entitled "An act to amend an act in force Jaa.
constituting and regulating the Supreme and Circuit Courts vz> n~7
of this State" approved December 29, 1824.

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the act to which
this is a supplement, shall be construed to continue over suits contin
to the circuit courts created by said act, all cases, suits, ed overV"0
writs, recognizances, process and proceedings of every
description and kind, pending at the passage of said act,
in the circuit courts repealed by said act, with full
power and authority in the courts so created, to pro-
ceed to hear and determine and have cognizance of
all such causes, suits, writs, recognizances, process and
proceedings, in the same manner the said repealed circuit
courts could have done, had no change in said courts ta-
ken place. All writs, process and recognizances, which
shall be issued or taken, returnable to, or for appearance,
in the circuit courts of this state, before the statutes pass-
ed at the present eession of the general assembly shall be

120

COURTb.

printed, shall be considered returnable to, and for appear-
ance, in the courts created by the act to winch this is sup-
plemental. [Approved, J an. 12, 1827.]

Terms of the
courts

Fn the first
circuit

AN ACT

In force Feb.

17, 1827 Changing the Terms of the Supreme and Circuit Courts of

this State, and for other purposes.

Sec. 1 . Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the terms of the
circuit courts in the several counties in this state shall be
commenced and held at the respective times following, to
wit: In the county of Greene, on the third Mondays in
April and September: in the county of Morgan, on the
fourth Monday in April and September: in the county of
Sangamon, on the first Mondays in May and October: in
the county of Tazewell, on the second Mondays in May
and October: in the county of Peoria, on the nex; Thurs-
days after the second Mondays in May and October: in
the county of Fulton, on the third Mondays in May and
October: in the county of Schuyler, on the next Thurs-
days after the third Mondays in May and October: in the
county of Adams, on the next Tuesdays after the fourth
Mondays in May and October: in the county of Pike, on
the first Mondays in June and November, and in the coun-
ty of Calhoun, on the next Thursdays after the first Mon-
days in June and November. In the county of Madison,
on the last Mondays in February and July: in the county
of St. Clair, on the first Mondays in March and August:
in the county of Monroe, on the second Mondays in March
and August: in the county of Randolph, on the third Mon-
days in March and August: in the county of Perry, on the
fourth Mondays in March and August: in the county of
Washington, on the next Thursdays after the fourth Mon-
days in March and August: in the county of Clinton, on
the first Mondays in April and September: in the county
of Bond, on the second Mondays in April and September:
in the county of Montgomery,, on the next Thursdays af-
ter the second Mondays in April and September: in the
county of Shelby, on the third Mondays in April and Sep-
tember, and in the county of Fayette, on the next Thurs-
days after the third Mondays in April and September.—
In the county of Hamilton, on the third Mondays in March
and September: in the county of Jefferson, on the fourth
Mondays in March and September: in the county of Ma--

fn the second
circuit

In the third
drcuit

COURTS. 121

riou, on the Thursdays after the fourth Mondays in
March aid September: in the county of Franklin, on the
Irst Mondays in April and October: in the county of
Jackson, on the second Mondays in April and October: in
the county of Union, on the third Mondays in April and
October: in the county of Alexander, on the fourth Mon-
days in April and October: in the county of Johnson, on
the first Thursdays after the fourth Mondays in April and
October: in the county of Pope, on the first Mondays in
May and November: in the county of Gallatin on the
second Mondays in May and November. In the county of in the fburth
White, on the fourth Mondays in March and August: in cireak
the county of Edwards, on the first Mondays in April and
September: in the county of Wabash, on the next Thurs-
days after the first Mondays in April and September: in
the county of Lawrence, on the second Mondays in April
and September: in the county of Crawford, on the third
Mondays in April and September: in the county of Clark,
on the fourth Mondays in April and September: in the
county of Edgar, on the next Mondays after the fourth
Mondays in April and September: in the county of Ver-
milion, on the next Thursdays after the circuit court com-
mences in Edgar: in the county of Clay, on the next
Thursdays after the commencement of the circuit court in
Vermilion, and in the county of Wayne, on the next Mon-
day after the court in Clay.

Sec. 2. The several clerks of the circuit courts of this „ ,

\ l^rks to re—

state, who were in office at the time of the passage of the main m ftice
act entitled "An act to amend an act constituting and reg- u tHwpeni-
ulating the supreme and circuit courts of this state," ap- po^^enta
proved, January 12, 1827, and the supplement thereto,
passed the same day, shall continue in their respective of-
fices, and exercise all the duties appertaining thereto, un-
til superseded in office by appointments under said acts;
and when any of said clerks shall be superseded in office,
it shall be their duty, respectively, to deliver over to their Their duty
successors, all the records, books, papers, office furniture, seJe(1
and other public property appertaining to said office; and
the respective circuit courts shall have authority to com-
pel the delivery over as aforesaid, of such books, records,
papers, furniture and other property appertaining to said
office.

Sec. 3. The chief justice and the associate justices of the :T,l^e' may

J . , . iiii i ,i i interchange

supreme court, mav interchange and hold each other s circuit* fee
circuit courts, as often as they may agree to do the same;
and may award writs of habeas corpus, nc exeat and injunc-
tion, to run into each other's circuits; and such acts and
writs shall have the same effect, and be obeyed in the same
IS

122 COURTS.

manner, as if the said acts and writs were done and issued
Suiter ty ti»eproperjusiice of the circuit, [fanyjustice of the circuit
•sted another court, shall be interested in any cause in his circuit, it snail
judge may try be his duty to notify the next nearest justice of the circuit
court thereof ; and such nearest justice when so notified snail
attend and hold such court, for the trial of any such case.
Two terms of Sec. 4. There shall be two terms of the circuit court
the circmt held annually in each of the counties in this state, at the
he?d Ui°eaeh court house thereof, or place provided for holding court,
year which terms snail commence at the respective times spe-

cified in the first section of this act, and shall be held by the
chief justice and the associate justices, in their respective
circuits, as established by law; and shall continue to sit
from day today, (Sundays excepted,) until all the busi-
ness pending shall be disposed of, unless it shall be neces-
sary sooner to close the term, to attend in the next coun-
ty to hold court.
rt . . , Sec. 5. When the chief justice or either of said asso-

Provisiotun . , . .. . . J. . . c

caseofdisabd ciate justices, shall, by death, resignation, removal trorn

ityot judge office, or other unavoidable absence, fail to attend and
hold any circuit court, which he is by this act required to
liold, it shall be the duty of one or the other of said jus-
tices, on being informed that such court will not be held,
to attend and hold such court in the same manner, and
with the same powers and jurisdiction, as if presiding in
his own circuit, until the cause which required him to do
so shall be removed.
Successors Sec. 6. When the chief justice or either of said asso-

ciate justices shall be succeeded in office, it shall be the
duty of his successor in office to preside and hold the
courts in the circuit of the justice so succeeded.

Sec. 7. Should the chief justice or either of the said
teivUne court associate justioes, Tixil to attend in any county in their re*
to sund ad- spective circuits, on the day appointed for commenci.'.g
joumed the term of the circuit court therein, as required by this

act, the court shall stand adjourned until the next day;
and should the justice not attend by four ocl^ck, P. M. on
the second day of the term, the court shall stand adjourn-
ed until the next succeeding term of the court; and all
suits, writs, process, indictments and recognizances, of ev-
ery description or kind, shall stand continued over to the
next term of the court, as effectually as if the same had
been continued by the order of the court.
Judges may Sec 8. The chief justice and the associate justices in
appo.ni chan- tne-ir respective circuits, may at any regular term thereof,
appoint a time for holding a chancery term of the court,
to be entered of record, if in the opinion ofthe justice mak-
ing such order, ttie business of the court shall require it;

COURTS. V&

and all proceeding*, orders, judgments and decrees, made
at <uch special term, shall have the same validity, as if
fcitde at the term appointed by this act.

Sec 9. Whenever any person shall be in the custody of shcrifftogive
the sheriff of any county, charged with the commission of ootico
any capital offence, it shall be the duty of such sheriff, to
give notice thereof in writing, to the presiding judge of
the circuit, or in case of his inability to serve, absence
frrni the state, or should there be no such judge, to the
justice of the supreme court, nearest to said county, whose
duty it shall be to issue a precept, under his hand and seal,
to the sheriff of such county, commanding him to summon Judge toisau*
twenty-three grand jurors, and thirty-six petit jurors, to gUinm0njuj>..
attend at the seat of justice of said county, on a day there- ors
in mentioned; which shall not be less than fifteen days,
nor mare than thirty days from the date of such precept:
but the sheriff shall not give the notice herein required,
to the presiding or other justice, when a regular term of
the circuit court will be held in such county within fifty
davs from the day such person shall have been imprison-
ed.

Sec. 10. It shall be the duty of such presiding or other SpeC;al tPIW
justice of the supreme court, who shall issue their precept for th« trial #
as is provided in the preceding section, to hold a special oftender8
term of the circuit court in such county, at the time spe-
cified in such precept; and such court shall proceed to the
indictment, trial and sentence of such prisoner, in the
same manner, as the circuit court, at a regular term, might
or could do. The thirty-eighth and thirty-ninth sections of
the act entitled "An act constituting and regulating the
supreme and circuit courts of this state," approved De-
cember 29th, 1824, shall apply and be in force, in rela-
tion to the special terms provided for by this act.

Sec. U. The several clerks of the circuit courts in this Clerks to gi»e'
state, appointed, or who shall be appointed under the act
entitled "An act to amend an act constituting and regu-
lating the supreme and circuit courts of this state," ap-
proved January 12, 1327, and the supplement thereto,
passed on the same day, shall give bond, be qualified and
exercise the duties, as specified and required in the act^
entitled "An act constituting and regulating the supreme
and circuit courts of this state," approved December 29,
1 824 ; and such other duties as are or shall be required by-
law.

Sec. 1 2. There shall be one term of the supreme court One term qf
of this state held annually at the seat of government, on l,p" w,rt
the first Monday of December: and shall continue to sit,

124

CRIMINAL CODE.

until all the business therein pending shall be decidefl or
disposed of.

Sec. 13. The thirty-seventh section of the act entitled
"An act constituting and regulating the supreme and cir-
c repealed C(jit courts 0f tnis gtate," approved December 29, 1824;
the act entitled "An act supplemental to an act entitled
an act regulating and establishing the supreme and cir-
cuit courts of this state,'' approved Januar) 17, 1825; and
the act entitled "An act changing the terms therein nam-
ed, and regulating the practice in certain cases,*' approv-
ed January 26, 1826, are hereby repealed.

[Approved, Feb. 17//i, 1827.J

CRIMINAL CODE.

In force Aug. AN ACT relative to Criminal Jurisprudence*

!, 1827.

This act ^e ^ enacted by the People of the State of Illinois, repre-

constitute the sented in the General Assembly, That the following act
criminal code shall, from and after the first day of August next, constitute,
the code of criminal jurisprudence of this state.

FIRST DIVISION.

PERSONS CAPABLE OF COMMITTING CRIMES.

Definition of
crirae

Intention

Who consid-
ered of sound
mind

Infants

lunatics

Tito's

Sec. 1. A crime or misdemeanor consists in a viola-
tion of a public law, in the commission of which there
shall be an union, or joint operation of act and intention*
or criminal negligence.

Sec. 2. Intention is manifested by the circumstances
connected with the perpetration of the offence, and the
sound mind and discretion of the person accused.

Sec. 3. A person shall be considered of sound mind who
is neither an idiot or lunatic, or afflicted by insanity, and
and who hath arrived at the age of fourteen years; or be-
fore that age, if such person know the dir>tinction between
good and evil.

Sec 4. An infant under the age often years shall not
be found guilty of any crime or misdemeanor.

Sec. 5. A lunatic or insane person, without lucid inter-
vals, shall not be found guilty of any crime or misdemea-
nor with which he may be charged: Provided, the act so
charged as criminal, shall have been committed in the
condition of insanity.

Sec. 6. An idiot shall not be found guilty, or punished

CRIMINAL CODE. 12$

for any crime or misdemeanor with which he or she may
be cnarged.

Sec. 7. Any person counselling, advising or encourag-
ing an infant under the age often years, lunatic or idiot, J^"™'^^
to commit any offence, shall be prosecuted for such offence, kc t0 com-
when committed, as principal; and if found guilty, shall J^1^"-'^^
suffer the same punishment as would have been inflicted >l8 principal
On said infant, lunatic or idiot, if he or she had possessed
sound mind or discretion, and been found guilty.

Sec. 8. A married woman, acting under the threats, A woman «*t-
command or coercion of her husband, shall not be found Saintofher
guilty of any crime or misdemeanor, not punishable with husband
death: Provided, it appear from all the facts and circum-
stances of the case, that violent threats, command or^ co-
ercion were used. And in such cases the husband shall .
, , , . ,, . , . Husband to be
be prosecuted as principal, and receive the punishment pu,ushed

Which otherwise would have been inflicted on the wife,
if she had been found guilty.

Sec 9. Drunkenness shall not be an excuse for any Drunkenness
crime or misdemeanor, unless such drunkenness be oc-
casioned by the fraud, contrivance or force of some other
person or persons, for the purpose of causing the perpe-
tration of an offence; in which case the person or persons
so causing said drunkenness, for such malignant purpose, The person
shall be considered principal, and suffer the same punish- causing U to
meut as would have been inflicted on the person or persons be Puuished
committing the offence, if he, she or they had been pos-
sessed of sound reason and discretion.

Sec 10. Acts committed by misfortune or accident, Acts bv mis^
shall not be deemed criminal, where it satisfactorily ap- fortune
pears that there was no evil design or intention, or culpa-
ble negligence.

Sec 1 1. A person committing a crime or misdemeanor

. , , , r . o Offencescom.

not punishable with death, under threats or menaces, mjtted under
which sufficiently shew that his or her life or member was duress
in danger, or that he or she had reasonable cause to be-
lieve, and did actually believe that his or her life or member
was in danger, shall not he found guilty, and such threats
or menaces, being proved and established, the person or per-
sons compelling bv such threats or menaces, the commis-
sion of the offence shall he considered as principal or prin-
cipals, and suffer the same punishment as if he, she or
they, had perpetrated the offence.

Sec 12. A person that becomes lunatic or insane after Persons be-
the commission of a crime or. misdemeanor, ought not to be J£n"" fns""*~
tried forthe offence during the continuance of the lunacy or after thecom
insanity. If after verdict of guilty and before judgment pro-

d O •' # ( J~ .j VI IU1U 111

.such person become lunatic or insane, theunojudg- be tried

inissior « ■ a
crime not to

CRIMINAL CODfi.

or punished ment shall be given while such lunacy or insanity shall con-.

tinue. And if after judgment, and before the execution of

i.rti— tbe sentence, such person become lunatic or insane, then in

Until recovery » r # » ,

case the punishment be capital, the execution thereof shall

be stayed until the recovery of said person from the in-
sanity or lunacy. In all these cases, it shall be the duty
A jury to try of the court to empannel a jury to try the question wheth-
»Meop!una- er ^e accused De» at tne time of such empannelling, iu-
tie sane or lunatic.

SECOND DIVISION.

^cceuorie*

ACCESSORIES IN CRIMES.

Definition

Sec. 13. An accessory is he or she, who stands by, an3
aids*, abets or assists; or who not being present, aiding,
abetting or assisting, hath advised and encouraged the
perpetration of the crime: He or she who thus aids, abets
or assists, advises or encourages, shall be deemed and con-

Funishment 6idered as a principal, and punished accordingly.

Sec. 14. An accessory after the fact, is a person who,
after full knowledge that the crime has been committed

after the fact conceals it from the magistrate, or harbors and protects
the person charged with, or found guilty of the crime. — *
Any person found guilty of being an accessory after the
fact, shall be imprisoned for any term not exceeding two
years, and fined in a sum not exceeding five hundred dol-
lars, in the discretion of the court, to be regulated by the
circumstances of the case, and the enormity of the crime*

THIRD DIVISION.

Punishment

WHO MAY BE WITNESSES IN CRIMINAL CASES,

Sec 5. The party or parties injured shall in all cases be
Who may be competent witnesses, unless he, she or they, shall he ren-
witnesses dered incompetent, by reason of his, her or their infamy,
or other legal incompetency other than that of interest. —
Their credi- The credibility of all such witnesses, shall be left to the
biiky jury, as in other cases.

Sec. 16. No black or mulatto person, or Indian, shall
^o^Uowe^to k° permitted to give evidence in favor or against any white
person, in any case whatsoever. Every person who shall
have one fourth part, or more of negro blood, shall be
deemed a mulatto.

Sec. 17. Approvers shall not be allowed to give testi-
mony.
f>EC 18. The solemn affirmation of witnesses shall be

not
testify

Approvers

CRIMINAL CODE. 1»

itemed sufficient. A false and corrupt affirmation shall
jWoject the witness to all the penalties and pu .is .meat Affir»aationt
provided for those who commit wilful and corrupt perju-
FOURTH DIVISION.

crimes against
CRIMES AGAINST THE GOVERNMENT AND PEOPLE. goveruineut

Sec. 19. Crimes against the government and people
shall consist in treason and misprision of treason, and can m£pris!uitf
only be committed by persons owing allegiance to the treason
State.

Sec. 20. Treason, shall consist in levying war against ..
the government and people of this state/ in the same, or treason™
being adherent to the enemies of this state, giving them
aid, advice and comfort in this state, or elsewhere. Any per-
son being hereof duly convicted of open deed by two or
more witnesses, or voluntary confession, in open court,
shall suffer the pains and penalty of death. And when Pui>ish«eirt
the overt act of treason shall be committed without the
limits of this state, the person charged therewith, may be
arrested, tried and punished, in any county of this state,
within the limits of which he may be found; and the of-
fence may be charged to have been committed in the coun-
ty where he may be arrested.

Sec. 21. Misprision of treason shall consist in the knowl- Misprision <£
edge and concealment of treason, without otherwise as- lreaso". defi-
senting to, or participating in the crime. Any person found U°n
guilty thereof, shall be imprisoned for any term not ex-
ceeding three years, and fined in a sum not exceeding one Punish»ei#
thousand dollars, in the discretion of the court before
whom the conviction shall be had.

FIFTH DIVISION,

CRIMES AND OFFENCES AGAINST THE PER90N*

Sec. 22. Murder is the unlawful killing of a human be- Murder d&
ing, in the peace of the people, with malice aforethought, fiuiuon '
either express or implied. The unlawful killing mav be
perpetrated by poisoning, striking, starving, drowning,
Stabbing, shooting, or by any other of the various forms
or means, by which human nature may be overcome, and
denth thereby occasioned.

Sec. 23. Express malice is that deliberate intention, RXpreanrfl>
unlawfully to take away the life of a fellow creature, which »«e
is manifested by external circumstances, capable of proo£

Sec. 24. Malice shall be implied, where no cousidera-

128

CRIMINAL CODE

Implied mal-
ice

Punishment

Manslaughter
definition of

What will be
iustification

Sudden burst
of passiou

Otherwise it
may be mur-
der

Involuntary
manslaughter
definition of

Punishment

The partv
killeil must
die within a
year & :i day,
to mnke it
murder or
manslaughter

Accused to be
tried in the
county where
the injury is
done

ble provocation appears, or where all the circumstances
of tne killing show an abandoned and malignant heart.
The punishment of any person or persons, convicted of
the crime of murder shall be death.

Sec. "25. Manslaughter is the unlawful killing of a hu-
man being, without malice express or implied, and with-
out any mixture of deliberation whatever. It must be
voluntary, upon a sudden heat of passion, or involuntary,
in the commission of an unlawful act, or a lawful act, with-
out due caution and circumspection.

Sec 26. In all cases of voluntary manslaughter, there
must be some actual assault upon the person killing, or an
attempt by the person killed, to commit a serious person-
al injury pa the person killing. Provocation by words or
threats written or verbal, or by menaces or contemptuous
gestures, shall be in no case sufficient to free the person
killing from the guilt and crime of murder.

Sec. 27. The killing must be the result of that sudden,
violent impulse of passion, supposed to be irresistible; for
if there should appear to have been an interval betweep
the assault or provocation given, and the killing, sufficient
for the voice of reason and humanity to be heard, the
killing; shall be attributed to deliberate revenge, and pun-
ished as murder.

Sec. 28. Involuntary manslaughter, shall consist in the
killing of a human being, without any intention to do so,
but in the commission of an unlawful act, or a lawful act,
which probably might produce such a consequence in an
unlawful manner: Provided, always, That where such in-
voluntary killing shall happen in the commission of an
unlawful art which in its consequences, naturally tends to
destroy the life of a human being, or is committed in the
prosecution of a felonious intent, the offence shall be
deemed and adjudged to be murder.

Sec. 29. Every person convicted of the crime of man-
slaughter, shall be punished by imprisonment for a term
not exceeding three years, and fined in a sum not exceed-
ing one thousand dollars.

Sec 30. In order to make the killing either murder
or manslaughter, it is requisite that the party die within
a year and a day, after the stroke received, or the cause of
death administered; in the computation of which, the
whole of the day upon which the hurt was done, shall be
reckoned the first.

Sec 31. If the injury be inflicted, in one county, and
the party die in another county, or without the state, the
arm-' <! sh ill be tried in the county where the cause of
death was administered.

CRIMINAL CODE. 129

Sec. 32. Justifiable homicide is the killing of a human Justifiable
being in necessary self defence; or in defence of habita-
tion, property or person, against one who manifestly in-
tends, or endeavors by violence or surprise to commit a
known felony, such as murder, rape, robbery, burglary
and the like, upon either person or property; or against
any person or persons who, manifestly intend and endea-
vor, in a violent, riotous or tumultuous manner, to enter
the habitation of another, for the purpose of assaulting
or offering personal violence, to any person dwelling or
being therein.

Sec. 33. A hare fear of any of these offences to pre-
vent which, the homicide is alleged to have been commit- ^^Jy jj!
ted, shall not be sufficient to justify the killing. It must iing
appear that the circumstances were sufficient to excite
the fears of a reasonable person; and that the party kill-
ing, really acted under the influence of those fears and
trot in a spirit of revenge.

Sec. 34. If a person kill another in self defence, it
mu-t appear that the danger, was so urgent and pressing, Se,f defenCe
that in order to save his own life, or to prevent his receiv-
ing great bodily harm, the killing of the other was abso-
lutely necessary. And it must appear also, that the per-
son killed was the assailant, or that the slayer had, really
and in good faith, endeavored to decline any further strug-
gle, before the mortal blow was given.

Sec. 35. If an officer in the execution of his office, in Of officers
a criminal case, having le^al process, be resisted and as-
saulted, he shall be justified if he kill the assailant. If an
officer or private person, attempt to take a person charg-
ed with treason, murder, rape, burglary, robbery, arson,
or any other offence, denominated felony by the common
law, and he or they, be resisted in the endeavor to take
the person accused, and to prevent the escape of the ac-
cused by reason of such resistance, he or she be killed,
the officer or private person so killing, shall be justified:
Provided however, That such officer or private person, pre- pr0Yis0
vious to such killing, shall have used all reasonable efforts
to take the accused, without success; and that from all
probability, there was no prospect of being able to pre-
vent injury from such resistance, and the consequent es-
cape of such accused person.

Sec. 36. Justifiable homicide, may also consist in una-
voidable necessity, without any will or desire, and with- Justifiable
out any inadvertence or negligence in the party killing. An
officer who in the execution of public justice, puts a per-
son to death, in virtue of a judgment of a r mpetent
court of justice, shall be justified. The officer must Iww-
17

ISO

CRIMINAL CODE.

tion^nuKifr ever* *n *ne performance of his duty, proceed according

jus;ice

public

to the sentence and the law of the land.

Sec 37. Excusable homicide, by misadventure, is
where a person is doing a lawful act, without any inten-
tion of killing, yet unfortunately kills- another; as where a
man is at work with an axe, and the head flies off, and
tills a bye-stander; or where a parent is moderately cor-
recting his child, or master his servant or scholar; or an
officer punishing a criminal, and happens to occasion death,
it is only a misadventure, for the act of correction was lawful.
But if the parent or master exceed the bounds of modera-
tion, or the officer the sentence under which he acts, eith-
er in the manner, the instrument or the quantity of pun-
ishment, and death ensue, it will be manslaughter or mur-
der, according to the circumstances of the case.

Sec. 38. All other instances which stand upon the same
Similar cases footing of reason and justice, as those enumerated, shall
be considered justifiable or excusable homicide.

Sec 39. The homicide appearing to be justifiable or
excusable, the person indicted, shall, upon his trial, be iul-
ly acquitted and discharged.

Sec 40. The killing being proved, the burthen of prov-
ing circumstances of mitigation, or that justify or excuse
killing is "prev the homicide, will devolve on the accused, unless the
ed, theaccus proof on the part of the prosecution sufficiently manifest,

edmustprove "V , ,, . r ... j T , i , ,

the circum that the crime committed, only amounts to manslaughter,
stands which or that the accused was justified, or excused in committing

j^yormu the bomidde#

Sec 41. If any woman shall endeavor privately, eith-
Concealment er by herself or the procurement of others, to conceal
of bastards^ tne death °f any *ssiie of her body, male or female, which
if born alive, would by law, be a bastard, so that it may
not come to light, whether it shall have been murdered or'
not, every such mother being convicted thereof, shall suffer
imprisonment in the county jail, for a term njt exceeding
one year: Provided however, That nothing herein contain-
ed, shall be so construed as to prevent such mother from
being indicted and punished for the murder of such bastard
child.

Sec 42. The distinction that heretofore prevailed be-
tween petit treason and murder, is hereby abolished. Any
person who might have been indicted for petit treason,
munier, abol sna^ hereafter be indicted for murder, and if convicted,
punished accordingly.

Sec 43. If any person shall hereafter wilfully and mali-
ciously, or by agreement, fight a duel, or single combat,
with any engine, instrument or weapon, the probable con-
sequence of which might be the death of either party.

Excusable
homicide, de-
finition of

'Illustration

May be mur-
der, or man-
slaughter

When justifi
al' -ccused
to be acquit
ted

When the

Punishment

Distinction
be> w. en pet

ished

Duelling

CRIMINAL CODE. 13V

and in so doing, shall kill his antagonist, or anv other per-

so ■■> or persons, or shall inflict such wound, as that the par-
ty injured shall die thereof, within one year thereafter,
every such offender, his second, as well as the second of
the person killed, and all other aiders, abettors and coun-
sellors, being thereof duly convicted, shall be considered
to have committed the crime of murder, and shall be pun* ums men
ished in the same manner.

Sec. 44. If any person shall hereafter challenge an- Challenges to
other to fight a duel with anv deadly weapon, or in any fight duel*
manner whatever, the probable issue of which might re-
sult in the death of either; or if any person shall accept a
challenge, or agree to fight a duel, every person so offend-
ing, shall, upon conviction thereof, be rendered incapable
of holding, or being elected to any office of profit, trustor
emolument, either civil or military, under the government
of this state, and be fined in a sum not exceeding one
hundred dollars.

Sec. 45. If any person shall willingly or knowingly car- seconda-
ry or deliver any written challenge, or verbally deliver
any message intended as, or purporting to be a challenge,
or shall be present at the fighting of any duel as aforesaid,
as a second, or aid, or give countenance thereto, such per-
sons so offending, being thereof duly convicted, shall be
subject to the same fine and disabilities, as are provided
in case of sending or accepting a challenge, as aforesaid.

Sec 46. Every person who shall wilfully and malicious-
ly administer, or cause to be administered to, or taken by Pojsoriing
any person, any poison, or other noxious, or destruct'vesub-
stance or liquid, with an intention to cause the death of
such person, or to procure the miscarriage of any woman,
then being with child, and shall thereof be duly convict-
ed, shall be imprisoned for a term not exceeding three punishment
years, and be fined in a sum not exceeding one thousand
dollars.

Sec 47. Mnihem consists in unlawfully depriving a hu- Mayhem, ^*

■ . c '' - P, . , , i J j. r • fiQition of

man being or a member of nis or her body, or disfiguring or
rendering it useless. If any person shall unlawfully cut out
or disable the tongue, put out an eye, slit the nose, ear or
lip, or cut off or disable any limb or member of another,
with an intention in so doing to maim or disfigure such
person; or shall voluntarily, maliciously and of purpose,
pull or put out an eye, or eyes, while fighting or otherwise,
every such person shall be guilty of nr.yhem; and on con-
viction, shall be punished by imprisonment, for a term not Punishment
ex< ending live years, a: id be fined in a sum not exceeding
one thousand dollars.

sfc 4l. Rape is the carnal knowledge of a femaleT

132

CRIMINAL CODE.

Itipe, defint*
tkmof

Punishment

What to be
proved

Crime against
nature

Assault, defi-
nition of

With intent
to murder,&c

Punishment

False impris
onment, defi-
nition of

Punishment

Kidnapping,
defimtion of

Punishment

forcibly and against her will. Every male person of the
age of fourteen years and upwards, who shall have car-
nal knowledge of any female child, under the age of ten
years, either with, or without her consent, shall be ad-
judged to be guilty of the crime of rape. Every person
convicted of the crime of rape, shall be publicly whipped,
not less than fifty, nor more than one hundred stripes, on
his bare back, and be imprisioned for a term, not more
than ten years.

Sec. 49. It shall not be necessary to prove emission, to*
convict any person of the crime of rape, or of the crime
against nature.

Sec. 50. The infamous crime against nature, either
with man or beast, shall subject the offender to be pun-
ished by fine, imprisonment and whipping, in the discretion
of ^he court.

Sec. 51. An assault, is an unlawful attempt, coupled
with a present ability, to commit a violent injury on the
person of another.

Sec. 52. An assault with an intent to commit murder,
rape, mayhem, robbery, or larceny, shall subject the offen-
der to be fined, in a sum not exceeding one thousand dol-
lars, and imprisonment for a term not exceeding three
years.

Sec 3. Assault and battery is the unlawful beating of
another.

Sec 54. False imprisonment is an unlawful violation of
the personal liberty of another, and consists in confine-
ment or detention, without sufficient legal authority. Any
person convicted of false imprisonment, shall be fined in
any sum not exceeding five hundred dollars, or imprisoned
for a term not exceeding one year.

Sec 55. Kidnapping is the forcible abduction, or steal-
ing away of a man, wom.tn or child, from his or her own
country, and sending or taking him or her into another.

Sec 56. Every person who shall forcibly steal, take or
arrest, any man, woman, or child, whether white, black or
colored, in this state, and carry the same to another coun-
ty, state or territory, or who shall forcibly take or arrest
any person or persons whatsoever, with a design to take
him, her or them, out of this state, without having estab-
lished a claim according to the laws of the United States,
shall upon conviction, be deemed guilty of kidnapping. —
Every person found guilty of kidnapping, shall be fined in
a sum not exceeding one thousand dollars, and be impris-
oned for a term not exceeding three years, for each person
thus kidnapped, or attempted to be kidnapped.

Sec 57. Every person who shall hire, persuade, en-

CRIMINAL CODE. 13$

tice, decoy, or seduce, by false promises, misrepresenta- Kidnapping
tiotj8,ai»d the like, any negro, mulatto or colored person, rree neSl0ef
not being a slave, to go out of this state, or to be taken or
removed therefrom, lor the purpose, and with the intent to
sell such negro, mulatto, or colored person into slavery or
involuntary servitude, or otherwise to employ him or her,
for his or her own use, or to the use of another, against
the free will and consent of such negro, mulatto, or color-
ed person; any person so offending, shall be deemed to
have committed the crime of kidnapping, and upon con- Panishraekt
viction thereof, be puuishtd as in the preceding section.

SIXTH DIVISION.

CRIMES AND OFFENCES AGAINST HABITATIONS AND OTHER
BUILDINGS.

Sec. 58. Every person who shall wilfully and maliciously
burn orcause to be burnt any dwelling house, kitchen,office.
shop, barn,stable, store-house, ware-house, malt-house, still
house, factor), mill, pottery, or other building, the property
of any other person, or any church, meeting-house, school-
house, state-house, court-house, work-house, jail, or other
public building, or any boat or other water craft, or any
bridge of the value of fifty dollars, erected across any of
the waters of this state; every person so offending, shall
be deemed guilty of arson, and upon conviction thereof,
shall be fined in an amount equal to the full value of the
property destroyed ; shall be publicly whipped, not exceed- .
ingone hundred lashes on his bare back, and imprisoned
not exceeding three years. And should the life or lives of
any person be lost, in consequence of any such burning as
aforesaid, such offender shall he deemed guilty of murder,
and may be indicted and punished accordingly.

Sec. 59. Every person who shall wilfully and malicious-
ly set fire to any of the buildings or other property de-
scribed in the foregoing section, with intent to burn or de-
stroy the same, shall be deemed guilty of a high misde-
meanor; and upon conviction thereof, shall be imprisoned
for a term not exceeding two years, and be fined in a sum
not exceeding five hundred dollars.

Sec 60. Every person who shall, in the night time, wil- Burgh?;-
fully, maliciously, and forcibly break and enter, or wilful-
ly and maliciously, without force (the doors or windows
being open) enter into any dwelling house, kitchen, office,
>h< n, store-house, ware-house, malt-house, still-house, mill,
pottery, factory, water craft, church, or meeting-house,
with intent to commit murder, robbery, rape, mayhem^:

134 CRIMINAL CODE.

larceny, or other felony, shalJ be deemed guilty of burgla-
ry; and upon conviction thereof, shall be whipped, not less
than fifty, nor more than one hundred lashes, on his bare
back; be fined a sum not more than one thousand dollar^
and be imprisoned for a term not exceeding three years.

Punishment

SEVENTH DIVISION.

CRIMES AND OFFENCES RELATIVE TO PROPERTY.

Sec. 61. Robbery is the felonious and violent taking of
Boberv, defi- money, goods or other valuable thing, from the person of
niuon ot another, by force or intimidation. Every person guilty of

robbery, shall be fined in a sum not exceeding one thou-
sand dollars, publicly whipped, not less than fifty, nor
Punishment more than one hundred lashes, on his bare back, and im-
prisoned, for a term not exceeding three years.

Sec 62. Larceny is the felonious stealing, taking and
Larceny, de- carrying, or leading, riding, or driving away the personal
. l goods of another. Larceny shall embrace every theft,

which deprives another of his money, or other personal
property, or of those means or muniments, by which the
right and title to property, real or personal, may be as-
certained. Private stealing from the person of another,
and from a house in the day time, shall be deemed larce-
ny. Larceny may also be committed hy feloniously ta-
king and carrying away any bond* bill, note, receipt, or
any instrument of writing of value to the owner. Every
person convicted of larceny shall be fined in a sum not less
than half the value of the thing stolen, shall be whipped
Punishment not more than one nun(]rec| lashes, and imprisoned for a
term not exceeding two years.

Sec 63. That justices of the peace, of the several coun-
Mode of pro- ties in this state, shall have jurisdiction in all cases of lar-
agai!!st§ne- cenv9 committed in their respective counties, by any free
grow tor lar- negro or mulatto, slaves, indentured or registered servants,
ceny And it shall be ihe duty of any justice of the peace, upon

To be tried ProP£r information made before him, upon oath, of the
before a jus- commission of the aforesaid offence, by any of the
ticeotthe persons aforesaid, to issue his warrant for iUe ap-
prehenson of such accused person, and to cause a ju-
ry to be summoned for the purpose of trying such ac-
cused person; and the jury, when sworn, if they find such
accused person guilty, shall fix by their verdict, the num-
ber of stripes such accused person shall receive: and the
justice shall record the verdict, and order the constable
attending, or any other constable to inflict the number of

CRIMINAL CODE. 135

stripes so fixed by the jury: Provided, such accused per-
son shall not be fined or imprisoned.

Sec. 64. Every person who, for ins own gain, or to pre- Burvingor re-
Vent the owner from again possessing his property, shall c^8 stolen
bury or receive stolen goods, or any thing, the stealing of
which is declared to be larceny, or property obtained by
robbery or burglary, knowing the same to have been ob-
tained by stealing, robbery or burglary, shall, upon con-
viction, be punished in the same manner as the prineipal
would have been upon conviction; and every such person
may be tried, convicted and punished, as well before, as Punishment
after the trial of the principal.

Sec. 65. All property obtained by larceny, robbery, or
burglary, shall be restored to the owner, and no sale, ^ jjfmaki-
w nether in good faith on the part of the purchaser or not, tuned for sto?
shall divest the owner of his right to such property; such len Sood8
owner may maintain his civil action, not only against the
felon, but against any person in whose possession he may
find the same.

Sec. 66. Every person who shall mark or brand, or .
shall alter or deface the mark or brand of any horse, mare, brtndsand
colt, jack, jennet, mule, any one or more head of neat cat- marks
tie, or sheep, goat, hog, shoat or pig, not his or her own
property, but belonging to some other person, with intent
thereby to steal the same, or to prevent identification, by
the true owner, shall, on conviction thereof, be liable to toJfcMJ['
the same punishment and disabilities, as are provided for
those guilty of larceny.

Sec 67. Every servant, officer or person employed in
any public department, station or office of government of Embezzle-
this state, or any county of this state, or in any office of a ™£J y ^^
corporate body, who shall embezzle, steal, secrete, or
fraudulently take, and cany away, any money, goods,
chattels, effects, book or books of record, or of account,
bond or bonds, promissory note or notes, bark bills or notes,
or any other writing or security for the payment of money,
of whatever description it may be, being the property of
said state, county or corporate body, shall, on conviction,
be punished by i\ne, not exceeding five thousand dollars, Punishment
and imprisoned tor a term not exceeding three years.

Sec 68. Every person who shall fraudulently or mali-
ciously tear, burn* efface, cut, or in any other way destroy destroying T
any deed, lease, will, bond or any other writing sealed, or deedsaodotfc-
any bank bill or note, check, warrant for the payment of er $?***
money or other thing, or other security for the payment
of money, or the delivery of goods; or any certificate, or
other public security of this state, or of the United States,
or any of them, for the payment of money ; or any receipt,

136

CRIMINAL CODE.

Punishment

Destroying
/and marks

Punishment

Embezzle-
ment b\ ap-
prentices
and servants

Deemed lar-
ceny

Conversion by
bailee with in-
tent to steal,
deemed lar-
ceny

Embezzle
ment !)> lodg-
ers, deeme.l
larceny

acquittance, release, defeasance, discharge of any debt,
suit or other demand; or any transferor assurance of mo
ney, stock, goods, chattels or other property ; or any letter
of attorney, or other power; or any day book or other
book of account; or any agreement or contract whatsoev-
er, with intent to defraud, prejudice or injure, any person
or body corporate, shall, on conviction thereof, be punish-
ed by fine not exceeding one thousand dollars, and also be
imprisoned for a term not exceeding two \ears.

Sec 69. Every person who shall, knowingly, malicious-
ly and fraudulently cut, fell, alter or remove any certain
boundary tree, or other allowed land mark, to the wrong
of his neighbor, or any other person, shall, on conviction,
pay a tine not exceeding one hundred dollars, or be im-
prisoned not exceeding three months.

Sec. 70. If any clerk, apprentice or servant whether
bound or hired, to whom any money, hank bill, or note,
or goods or chattels, shall be entrusted or delivered, by
his or her master or mistress, shall withdraw himself or
herself from his or her said master or mistress, and go
away with the said money, bank bill, or note, or goods or
chattels, or any part thereof, with intent to steal the
same, and defraud his or her master or mistress thereof,
contrary to the trust and confidence in him or her reposed,
by his or her said master or mistress, or being in the ser-
vice of his or her said master or mistress, shall embezzle
the said money, bank bill, or note, or goods or chattels, or
any part thereof, or otherwise shall convert the same to
his or her own use, with like purpose to steal the same;
then in every such case, the person so offending shall be
deemed guilty of larceny, and be punished accordingly.

Sec. 71. If any bailee of any money, bank bills or notes.
or goods or chattels, shall convert the same to his, or her
own use, with an intent to steal the same, he shall be
deemed guilty.of larceny in the same manner as if the
original taking had been felonious, and on conviction shall
be punished accordingly.

Sec. 72. If any lodger shall takeaway, with intent to
steal, embezzle, or purloin any bedding, furniture, goods,
or chattels, which he or she is to use in, or with his or her
lodging, he or she shall be deemed guilty oflarceny, and
on conviction, shall be punished accordingly.

EIGHTH DIVISION.

FORGERY AND COUNTERFEITIXG.

pubncrre- Sec. 73. Every person who shall falselv malce, alter, forge

cords, &e. or counterfeit any record, or other authentic matte? of a

CRIMINAL CODE. 13?

ublic nature, or any charter, letters patent, deed. lease, in-
cisure, writing obligatory, will, testament, codieil, annu- Or private t
ity, bond, covenant, bank bill or note, post note, check, p^,ers
draft, bill of exchange, contract, promissory note, or due
bill for the payment of money or other property, receipt
for money or property, power of attorney, any auditors
warrant for the payment of money at the treasury, county
order, or any accountable receipt, or any order or warrant,
or request for the payment of money, or the delivery of
goods and chattels of any kind, or for the delivery of any
instrument of writing, or any acquittance, release, or re-
ceipt for money or goods, or any acquittance, release or
discharge of any debt, account, action, suit, demand or
•ther thing, real or personal, or any transfer or assurance
©f money, stock, goods, chattels, or other property what-
Offer; or any letter of attorney, or other power to receive
money, or to receive or transfer stock or annuities; or to
let, lease, dispose of, alien or convey any goods or chattels,
lands or tenements, or other estate, real or personal; or
any acceptance or endorsement of any bill of exchange,
promissory note, draft or order; or assignment of any bond,
writing obligatory, or promissory note for money or pro-
perty, or shall counterfeit or forge the seal or hand writing of
another, with intent to damage or defraud any person or
persons, body politic or corporate, whether the said per-
son or persons, body politic or corporate, reside in or be-
long to this state, or not; or shall utter, publish, pass, or
attempt to pass as true and genuine, or cause to be utter-
ed, published, passed, or attempted to be passed as true
and genuine, any of the above named false, altered, forged,
or counterfeited matters, as above specified and described,
knowing the same to be false, altered, forged or counter-
feited, with intent to prejudice, damage or defraud any
person or persons, body politic or corporate, whether the
said person or persons, body politic or corporate, reside in,
or belong to this state or not, every person so offending,
shall be deemed guilty of forgery; and upon conviction pun;s|imeRv
thereof, shall receive not less than twenty, nor more than
one hundred lashes, on his bare back, shall be imprisoned
for a term not exceeding three years, and be fined in a sum
not exceeding one thousand dollars.

Sec. 74. Every person who shall counterfeit any of the Counterfeit-
species of gold or silver coin, now current, or that shall '"Sotc0l,ls

after be current in this state, or shall pass or give in
payment, or offer to pass or give in payment, such coun-
terfeited coin, or to permit, cause or procure the same to be
Ottered or passed, with intention to defraud any person,
body politic or corporate, knowing the same to be counter-

I3| CRIMINAL CODE.

feited, shall be deemed guilty of counterfeiting, and being
Punishment thereof duly convicted, shall be. whipped not less than
thirty, nor more than one hundred lashes, imprisoned not
exceeding three years, and fined in a sum not exceeding
one thousand dollars.

Sec. 75. Every person who shall have in his or her pos*-
Having coan- session, or receive for any other person, any counterfeit
ttrfeit coin gold or silver coin or coins of the species now current, or
utter 'it eD ° hereafter to be current in this state, with intention to utter
or pass the same, or to permit, cause or procure the same
to be uttered or passed, with intention to defraud any per*
aon or persons, body politic or corporate, knowing the
same to be counterfeit, and being thereof duly convicted^
Punishment shall be imprisoned for a term not exceeding three years,
and fined in a sum not exceeding five hundred dollars.
Sec 76. Every person who shall have in his or her pos~
Hnvingor re 6essi°n, or shall receive from any other person, any forced
cem .g forged or counterfeit promissory note or notes, or bank bill or bills,
eecuiiuea1 feit ^or ^e Payment of money, with intention to utter or pass
the same; or to permit, cause or procure the same to be
uttered or passed, with intention to defraud any person or
persons, body politic or corporate, whether such person or
persons, body politic or corporate, reside in or belong to
this state or not, knowing the same to be forged or counter-
feited; or shall have or keep in his possession, any blank
or unfinished note, or bank bill, made in the form or simili-
tude of any promissory note, or bill for the payment of mo-
Or bank notes ney,made to be issued by any incorporated bank, or bank-
ing company, in this state or elsewhere, with intention to
fill up and complete such blank and unfinished note or bill,
or to permit or cause or procure the same to be filled up
and completed in order to utter or pass the same, or to per-
mit, cause or procure the same to be uttered or passed, to
defraud any person or persons, body politic or corporate,
whether in this state or elsewhere, shall, upon conviction
Punishment thereof, be whipped not less than thirty, nor more than
one hundred lashes, be imprisoned not exceeding three
years, and fined in a sum not exceeding five hundred dol-
lars.
.. Sec. 77. Every person who shall make, pass, utter or

Srities118 8G~ publish, with an intention to defraud any other person or
persons, body politic or corporate, either in this state or
elsewhere; or with like intention, shall attempt to pass,
^"uuerThem utter or Pu°lish, or shall have in his or her possession, with
like intent to pass, otter or publish any fictitious bill, note
or check, purporting to be the bill, note or check, or other
instrument of writing for the payment of money or pro-
perty, of some bank, corporation, copartnership, or indi-

CRIMINAL CODE. U9

vidua], when in fact there shall be nosuch bank, corporation,
copartnership or individual in existence, the said person
knowing the said bill, note, check or instrument of writing
for the payment of money or property to be fictitious, shall Deemed fur>
be deemed guilty of the crime o( forgery^ and on conviction, gery
shall be punished in the same manner.

Sec. 78. Every person who shall make or knowingly
have in his possession, any die or dies, plate or plates, or "n^cou^"
any apparatus, paper, metal, machine or thing whatsoever, feiting
made use of in counterfeiting the coin now current, or
hereafter to be current in this state, or in counterfeiting
bank notes, or bills, whether such bank be situated in this
state or not, shall, upon «conviction theieof, be imprisoned
for a term not exceeding two years, and be fined in a sum
not exceeding five hundred dollars. All such dies, plates, paaighmen.t
apparatus, paper, metal, machines, or things intended for
the purposes aforesaid, shall be destroyed.

Sec. 79. On the trial of any person for forging any bill, Evidence iu
or note, purporting to be the bill or note of some incorpo- ,ml8torforr
rated bank or company, or for passing or attempting to
pass, or having in possession, with intent to pass any such
forged bill or note, it shall not be necessary to prove the
incorporation of such bank or company, by the charter or Incorporation,
act of incorporation, but the same may be proved by gene- pr0y^k9j how
ral reputation.

Sec. 80. Persons of skill shall be competent witnesses
to prove that such bill or note is forged or counterfeited.

Sec 81. Every person who shall fraudulently forge, office sesis
deface, corrupt, or counterfeit the seal of this state, or the counterfeited
seal of any court or public officer, by law entitled to have
and use a seal, and shall make use of the same, or shall
counterfeit or forge the signature of any public officer, or
shall unlawfully and corruptly, with evil intent, affix any
of the said true seals to any commission,, deed, warrant,
pardon, certificate or other writing, or who shall have in
his possession or custody any such counterfeited seal, and
shall wilfully conceal the same, knowing it to be falsely
made and counterfeited, and shall be thereof convicted, Punishment,
shall be fined in a sum not exceeding one thousand dollars,
and imprisoned not exceeding three years.

jyijyth vmsioM

CRIMES AND OFFENCES AGAINST PUBLIC JUSTICE.

Sec. 82. Every person having taken a lawful oath or Perjury, deji-
made affirmation in any judicial proceeding, or in any oth- "Il,oriot
cr matter, where, by law, an oath or affirmation is requir-

'.40 CRIMINAL CODE.

ed, who shall swear or affirm wilfully, corruptly and false-
ly, i.i a matter material to the issue or point in question;
or shall suborn any other person to swear or affirm a&
aforesaid, shall be deemed guilty of perjury, or suhorna-
tion of perjury, (as the case may be,) and upon conviction

Punishment tnereo^> sna^ De fined m a sum not exceeding one thou-
sand dollars, and be imprisoned for a term not exceeding
three years.

Secs 83. Every person who shall, by wilful and corrupt

Deemed mur« perjury or subornation of perjury, procure the conviction

cases" ceium' ar*d execution of any innocent person, shall be deemed and
adjudged guilty of murder, and upon conviction thereof,
shall sutler the punishment of def»tli.

Sec. 84. In every indictment for perjury or subornation

indictment of perjury, it shall be sufficient to set forth the substance

frr, whatsuf- 0f tne 0ffence charged upon the defendant, and before
what court or authority the oath or affirmation was taken,
avering such court or other authority to have had full pow-
er to administer the same, together with the proper aver-
ment or averments to falsify the matter or matters where-

Averment in the perjury is assigned, without setting forth any part
of any record or proceedings, either in law or equity, oth-
er than as aforesaid; and without setting forth the com-
mission, or authority of the court or other authority before
whom the perjury was committed ; or the form of the oath
or affirmation, or the manner of administering the same.
Sec. 85. If any person shall directly or indirectly give

Briber/ any sum or sums of money, or any other bribe, present or

reward, or any promise, contract, obligation or security
for the payment or delivery of any money, present or re-
ward, or any other thing, to obtain or procure the opinion,

_ _ judgment or decree of any judge or justice, acting within

Of officers & +i_: * •_* M , • j • n i • j

members of tms state, or to corrupt, induce or inilucnce such judge

the general or justice to be more favorable to one side than to the oth-
assembiy er? jQ an^7 gu|g ma^er or cauge depending, or to be brought
before him or them; or shall directly or indirectly give
any sum or sums of money or other bribe, present or re-
ward, or. any promise, contract, obligation or security
for the payment or delivery of any money, present or re-
ward, or other thing, to obtain, procure, or influence the
vote of any member of the general assembly, or to incline,
induce or influence any such member to be more favora-
ble to one side than to the other, on any question, election,
matter or thing, pending, or to be brought before the gene-
ral assembly, or either house thereof; the person so giv-
ing any money, bribe, present or reward, promise, con-
tract, obligation or security, with intent and for the pur-
pose aforesaid, and the judge, justice or member of the

CRIMINAL CODE. 141

nee
brib-

general assembly, who shall in anywise acceptor receive Accept*
the same, s-.,iil be deemed guilty of bribery, ai t<ron coovic- en,ai.dpuil
tion shall be fined not exceeding one thousand dollars, and nhedbi fine,
imprisoned not exceeding one year, and shall be, thereaft 3™S{j^
ter, incapable of holding any office of honor, trust, or pro- fioatkwt
fit within the state, and of voting at any election.

Sec. 86. If any person shall directly or indirectly give
any Him or sums of money, or any other bribes present or J^'^e^&c
reward, or any promise, contract, obligation, or security,
for the payment of any money, present, or reward, or any
other thing, to any judge, justice, sheriff, coroner, clerk,
constable, jailer, attorney general or cirruitfi attorney,
member of the general assembly, or other officer ministe-
rial or judicial, (but such fees as are allowed by law) with
intent to induce or influence such officer to appoint any Selling offices
person to any office, or to execute any of the powers in him
vested, or perform any duty of him required, with partiali-
ty or favor, or otherwise than is required by law, or in
consideration that such officer hath appointed any person
to any office, or exercised any power in him vested; or
performed any duty of him required with partiality or fa-
vor, or otherwise contrary to law ; the person so giving, and The giver &
the officer so receiving any money, bribe, present, reward, ^atrofteS£
promise, contract, obligation or security with, intent, or for ery "
the purpose, or consideration aforesaid, shall be deemed
guilty of bribery,.and, on conviction, shall be fined not ex- p01;|menf
ceeding one thousand dollars, be imprisoned not exceeding
one year, and shall thereafter be incapable of holding any
office of honor, trust or profit in this state, and of voting
at any election.

Sec 87. Every person who shall offer or attempt to Attempism
bribe any member of the general assembly, judge, justice, bnbe
sheriff, coroner, clerk, constable, jailer, attorney general,
circuit attorney, or other ministerial or judicial officer, in
any of the cases, mentioned in either of the two preceding
sections; and every member of the general assembly,
jud^e, justice, sheriff, coroner, clerk, constable, jailer, at-
torney general, circuit attorney, or other officer, ministeri-
al or judicial, who shall propose or agree to receive a
bribe, in any of the cases mentioned in either of the two
preceding sections, shall on conviction, be fined in a sum Punishment
not exceeding five hundred dollars.

Sec. 88. If any judge, justice, clerk, sheriff, coroner, Embpzzle.
or other public officer, or any other person whatsoever, ment of re-
shall steal, embezzle, alter, corrupt, withdraw, falsify, or eontoaodoth*
avoid any record, process, charter, gift, grant, conveyance f^y1^"
or contract, or shall knowingly and willingly take off, dis-
charge or conceal any issue, forfeited recognizance, cr

scrs

Uf CRIMINAL CODE.

other forfeiture, or shall forge, deface, or falsify any docu-
ment or instrument, recorded, or any registry, acknowl-
edgment, or certificate, or shall alter, deface, or falsify
any minute, document, book or any proceeding whatever
of, or belonging to any public office within this state; the
Punishment Person so offending, and being thereof duly convicted,
shall be fined in any sum not exceeding five hundred dol-
lars, and imprisoned for any term not exceeding one year.
Sec. 89. Every jailer who shall be guilty of wilful in*
Jailers, for in- humanity or oppression, to any prisoner under his care or
humanity, custody, shall be fined in any sum not exceeding five hun-
pu»>s e dred dollars, and be removed from his office.

Sec. 90. If any officer, after the expiration of the time

Officers de- for which he may have been appointed or elected, or

tainqg papers after he shall have resigned or been legally removed from

cces" his office, shall wilfully and unlawfully withhold or detain

from his successor, the records, papers, documents or other

writings or things, appertaining and belonging to his of-

Or mutilating fixe, or mutilate, destroy, take away, or otherwise prevent

the complete possession by his successor of said records,

documents, papers, or other writings or things; such per-

Funishment son so offending, shall be fined in any sum not exceeding

one thousand dollars.

Sec 91. If any person shall acknowledge or procure to
be acknowledged, any fine, common recovery, deed, mort-
gage, recognizance, bail or judgment, in. the name of any
other person, by personating such other person; such per-
son so offending, shall be deemed guilty of a high misdemea-
nor, and fined in a sum not exceeding five hundred dollars,
and imprisoned for a term not exceeding one year.

Sec. 92. If any person shall knowingly and wilfully ob-
th ■ executfon s^ruc«;5 resist, or oppose any sheriff, coroner, constable, or
of process other officer of this state, or other person duly authorized
in serving or attempting to serve, or execute any lawful
process, or order of any court, judge, or justice, or any
other legal process whatever; or shall assault or beat any
sheriff, coroner, constable, or other officer or person duly
authorized in serving or executing any process or order,
aforesaid, or for having served or executed the same; ev-
Punlshment ery person, so offending, shall be fined in a sum not ex-
ceeding five hundred dollars, and imprisoned for a term
Officer .-maul- not exceeding one year: Provided, Any officer whatever,
tjhg without £nat may or sna|| assault or beat any individual, under co-
lour of his commission, without a lawful necessity so to do,
shall on conviction, suffer the same punishment.
Rescue in cap Sec. 93. If any person or persons, shall by force, set at
itat cases att-r Jp^rty, or rescue any person who shall have been found
itearh U° guilty* or convicted of a crime, the punishment of which

CRIMINAL CODE. 143

is death; every person so offending, and being convicted

thereof, shall suffer death. And if any person or persons

shall by force, set at liberty or rescue any person who,

before conviction, stands committed for any capital offence, ^[^ coa''

or any person committed for, or convicted of any other

crime or misdemeanor; every person so offending, shah on Punishment

conviction, be fined not exceeding one thousand dollars,

and imprisoned, not exceeding three years.

Sec 94. If any person or persons, shall rescue another In civil ,
in legal custody, on civil process, such person or persons,
shall upon conviction, be lined in any sum not exceeding
the sum for which said civil process was issued.

Sec. 95. If any person shall aid or assist a prisoner law-
fully committed or detained, in any jail, for any offence *M">gth»«.
against tins state, or who shall be lawfully confined, by o*!ersivom~
any civil process, to make his or her escape from jail, al- jail
though no escape he actually made; or if any person shall
•onvey or cause to be delivered to such prisoner, any
disguise instrument or arms, proper to facilitate the es-
cape of such prisoner; any such person (although no es-
cape or attempt to escape be actually made) shall on con- punJsh
viction, be punished by tine, not exceeding one thousand
dollars, and imprisonment not exceeding one year.

Sec. 96. If any person shall aid or assist any prisoner Aiding in st-

to attempt to escape, or shall rescue or attempt to res- temPls lo es^

cue any prisoner, from the custody of any sheriff, coroner, cue tVorn offiv

constable, officer or other person, who shall have the law- cera

ful custody of such prisoner; every person so offending, „ . ,

i u J • *.- u f i i j- iU bi Punishment

shall on conviction, be tinecl not exceeding one thousand

dollars, and imprisoned, not exceeding two years.

Sec 97. If any person who shali be arrested or in F.scaping
jail upon any legal, civil or criminal process, or commit- flom mwk»#
ment, shall escape from the custody of any sheriff, coro-
ner, constable, officer or other person, or from jail, with-
out being thereof legally acquitted or discharged; every
Mich person being thereof convicted, shall be lined not ex- Pun-s^merrt
cecding five hundred dollars, and imprisoned not exceed-
ing six months.

Sec 98. If any sheriff, coroner, jailer, keeper of a pris- officers voiun
on, constable or any otheroflicer,or person whatever,having £i{lfn![<jj,
any prisoner in his legal custody, either before or after con- eapea
viction, shall voluntarily suffer or permit such prisoner to
escape or go at large; every such officer or person so of-
fending, shall upoivconviction, be imprisoned for a term
not exceeding five years, and fined in a sum not exceed- Pontt&meitf
ingone thousand dollars. A negligent escape of a person N . .
charged with a criminal offence, from the custody of any Cap!'S2n
oi the aforesaid otHcctc, skall he acerntda mUueineauor,

CRIMINAL CODE.

Punishment

Sheriff. &c
refusing to ar
rest a (1 re-
ceive offen-
ders

Punishmei.t

Compounding
offences

^cnsjv.racy

Punishment
Usurpation
Punishment

Embracery,
definition

Vunishment

"Barratry, de-
finition

Punishment,

if a lawver

and punished by fine, not exceeding five hundred dollars.

Sec. 99. If any sheriff, coroner, keeper of a jail, con-
. stable or other officer, shall wilfully refuse to receive or
arrest any person charged with a criminal offence, then
such sheriff, coroner, jailer, constable, or other officer,
shall on conviction, be fined not exceeding five hundred
dollars, and imprisoned not exceeding six months.

Sec. 100. If any person shall take money, goods, chat-
tels, lands, or other reward, or promise thereof, to com-
pound any criminal offence, such person or persons, shall
be fined in double the sum, or value of the thing agreed
for or taken; but no person shall be debared from taking
his goods or property from the thief or felon, or receiving
compensation for the private injury occasioned by the
commission of any such criminal offence.

Sec 101. If any two or more persons shall conspire or
agree, falsely and maliciously to charge or indict, or cause
or procure to be charged or indicted, any person for any
criminal offence, each of the persons so offending, shall, on
conviction, be fined not exceeding one thousand dollars*
and imprisoned not exceeding one year.

Sec. 102. If any person snail take upon himself to ex-
ercise or officiate in any office or place of authority in this
state, without being lawfully authorized thereto, he shall,
upon conviction, be fined in a sum not exceeding two hun-
dred dollars.

Sec 103. Embracery is an attempt to influence a juror
or jurors corruptly to one side, by threats or menaces, or
by' promises, persuasions, entreaties, money, entertain-
ments and the l|ke. Every embracer who shall procure
any juror to take money, gain, or profit, or shall corruptly
influence any juror, by persuasion's, promises, entreaties,
or by any other improper means, or snail threaten or me-
nace any juror, shall he fined not exceeding five hundred
dollars, and imprisoned not exceeding one year. And
any juror convicted of taking money, gain, or profit, or
corruptly being influenced as aforesaid, shall be fined not
exceeding five hundred dollars, and imprisoned not exceed-
ing one year; and further, be forever disqualified to act
;h a juror.

Sec 101. If any person'or persons shall wickedly and
wilfully excite or stir up any suits or quarrels, between the
people of this state^either at law or otherwise, witha
view to promote stripb and contention;' every such person
so offending, shall be-deemed to have committed the crime
of qpmrnon barratry, ahd upon conviction thereof, shall be
fined #hunv*sum me hu dred dollars; and

if he be an attorney or counsellor at law, he snail be sus-

CRIMINAL CODE. 145

pendcd from the practice for any time not exceeding six
inonths.

Sec. 105. If any person shall, hereafter, officiously in-
termeddie in any suit at common law, or in chancery, that Maintenance,
no way belongs to, or concerns such person, by maintain-
ing or assisting either party with money or otherwise to
prosecute or defend such suit, with a view to promote lit-
igation; every such person so offending, shall be deemed
to have committed the crime of maintenance, and upon
conviction thereof, shall be fined as in case of common Punishment
barratry: Provided, That it shall not be considered main- .
tgnance for a man to maintain the suit of his kinsman, r°Vl3°
Servant, or poor neighbor out of charity.

Sec. 106. If any judge, justice, sheriff, coroner, con- Extortion, de-
Stable, clerk or other officer of this state, ministerial or fiuitkHi of, by
judicial, shall wilfully or corruptly receive or take any offieer8
fee or reward, to execute and do his duty as such officer,
except such as is, or shall be allowed by law, or if any such
officer shall wilfully or corruptly ask or demand, as a con-
dition precedent to the performance of his duty as such
officer, any fee or reward, except such as is or shall be al-
lowed by law; every officer so offending, shall he deemed
guilty of extortion, and be fined in a sum not exceeding Punishment
two hundred dollars.

Sec. 107. Every clerk, sheriff, coroner, constable, coun-
ty commissioner, justice of the peace, recorder, coun- iY0fficaewnC'
ty surveyor, attorney general or circuit attorney, who shall
wilfully and corruptly be guilty of oppression, mal-fea-
sance or partiality in the discharge of his official duties,
or shall be guilty of any palpable omission of duty, shall
upon conviction thereof, be fined in a sum not exceeding
two hundred dollars, and the court shall have power, up- Pumshmeni-
on the recomendation of the jury, to add to the judgment
of the court, that any officer so convicted, shall be remov- May extend
ed from his office. The court shall have power, whenev- to removal
er any clerk of the circuit court, attorney general or cir-
cuit attorney, shall be presented or indicted, to appoint for
that occasion a prosecuting attorney or clerk, as the case
may require, who shall thereby be invested in relation to
such presentment or indictment, with all the power of
clerk, or attorney general, or circuit attorney. It shall be Court (0 .
the duty of the court, when the judgment shall extend to notice of such
removal from office, to cause immediate notice of such re- removal*
moval to be given to the proper department, in order that . . •;

the vacancy thus occasioned may be tilled.

Sec. 103. If any person shall knowingly send or deliv- Threatening
erany letter, or writing, threaten n g to accuse another of Altera
a crime or misdemeanor, or of exposing and publishing
VJ

CRIMINAL CODE.

fonisument

any of his or her infirmities or failings, with intent to ex-
tort money, goods, chattels or other valuable thing, or
threatening to maim, wound, kill or murder, or to burn or
destroy, his or her house or other property, or to accuse
another of a crime or misdemeanor, or expose and publish
any of his or her infirmities or failings, though no money,
goods, chattels, or valuable thing, be demanded, such per-
son so offending, shall on conviction, be ti iod in a sum not
exceeding five hundred dollars, and imprisoned not exceed-
ing six months.

TENTH DIVISION.

OFFENCES AGAINST THE PUEL1C PEACE AND TRANQUILITY.

Disturber of
the peace

Punishment
Affrays

Biota

Bouts
Vanishment

Sec a 09. If any person or persons shall at late and un-
usual hours of the night time, maliciously or wilfully dis-
turb the peace or quiet of any neighborhood or family,
by loud or unusal noises, or by tumultuous and offensive
carriage, threatening, traducing, quarrelling, challenging
to fight or fighting, every person thereof convicted, shall
be fiiied in a sum not exceeding fifty dollars, or imprisoned
not exceeding two months.

Sec 110. If two or more persons assemble for the pur-
pose of disturbing the public peace, or committing any
unlawful act, and do not disperse on being desired or com-
manded so to do, by a judge, justice, sheriff, constable,
or other public officer, persons so offending, shall, on con-
viction, severally be fined in a sum not exceeding fifty
dollars, or imprisoned for a term not exceeding one month.

Sec 111. If two or more persons shall, by agreement
fight in a public place, to the terror of the citizens of this
state, the persons so offending shall be deemed guilty of
an affray.

Sec 112. If two or more persons shall assemble togeth-
er, to do an unlawful act, and separate without doing or
advancing towards it, such persons shall be guilty of an
unlawful assemblage, and upon conviction, be sever-
ally fined in a sum not exceeding fifty dollars, or imprison-
ed not exceeding three months.

Sec 113. If two or more prisons shall meet to do an
unlawful act upon a common cause of <|u irrel, and make
advances towards it, they shall be deemed guilty of a
rout, and upon conviction, be severally lined in a sum not
exceeding seventy dollars, or imprisoned not exceeding
four months.

Sec 114. If two or more per-ons actually do an un-
lawful act, with force or violence, against the person or

CRIMINAL CODE. 143

property of another, either with or without a common Hiot»-
cause of quarrel, or even do a lawful art in a violent and
tumultuous manner; the person so offending, shall he deem-
ed guilty of a riot, and on conviction, shall severally be p . . t
fined, not exceeding two hundred dollars, or imprisoned,
not exceeding six months.

Sec. 115. If any judge, ju.-tice, sheriff, or other officer, officrstoar,
bound to preserve the public peace, shall have knowledge ^st eombat-
of an intention, on the part of any two persons, to fight
with any deadly weapon or weapons, and such officer shall Punishment
not use and exert his official authority to arrest the par- foranamufr
ties and prevent the duel, every such officer, on convic- JJj'JL0*' thl3j
tion, shall be fined not exceeding one hundred dollars.

Sec 116. If any person or persons, shall, in any news- Libels
paper, or hand bill, written or printed, publish or proclaim,
any other person or persons, as a coward or cowards, or
use any other opprobious and abusive language, for not
accepting a challenge to fight a duel, or for not fighting S'Jg ^
a duel, such person or persons so offending, shall on con-
viction, be fined in a sum not exceeding five hundred dol- Punishment
lars, or imprisoned for a term not exceeding six months.
The publisher or printer of any newspaper* hand bill, or Evidenc"
other publication, shall be summoned as a witness, and
be required to testify against the writer or writers of such
publication or hand bill; and if such printer or printers,
shall refuse to testify in relation to the premises, either
before the grand or petit jury, he or they shall be deemed
guilty of a flagrant contempt of the court, and may be
punished by fine or imprisonment: Provided however, That Provfoa
the testimony given by any such witness, shall in no case
be used in any prosecution against such witness.

Sec 117. A libel is a malicious defamation, expressed Li5e,,3

•ii i • ,• -x- i_ • 1 ji uefineu

either by printing or writing, or by signs or pictures or the
like, tending to blacken the memory of one who is dead,
or to impeach the honesty, virtue, integrity, or reputation,
or publish the natural defects of one who is alive, and
thereby expose him or her to public hatred, contempt, or
ridicule. Every person, whether writer, printer or pub-
lisher, convicted of this offence, shall be fined in a sum not
exceeding five hundred dollars, or imprisoned, for a term
not exceeding one year. In all prosecutions for a libel, Evidence
the truth thereof, may be given in evidence in justifica-
tion, except libels tending to blacken the memory of the ExcepliQ-
dead, or expose the natural defects of the living.

148

CRIMINAL CODE.
ELEVENTH DIVISION.

OFFENCES AGAINST THE PUBLIC MORALITY, HEALTH ANE
POLICE.

Bigamy,
definition

Punishment

Five years
absence, not
to x^n^ 10
Wh< re the
pari es are
divorced

Single per-
sons nwrn ing
the wife or
husband ot':;n
other

Adultery arid
fornication
hc-x proved
find punished

Proviso

Sec. 118. Bigamy, consists in the having of two wiveG
or two husbands at one and the.samc time, knowing that
the former husband or wife is still alive. If any person
or persons, within this state, being married, or who shall
hereafter marry, do, at any time, marry any person or per-
sons, the former husband or wife being alive, the person
so offending, shall, on conviction, be lined not exceeding
one thousand dollars, and imprisoned not exceeding two
years. And where such second marriage shall have ta-
ken place without this state, cohabitation, after such se-
cond marriage in this state, shall be deemed the commis-
sion of the crime of bigamy, and the trial in such case,
may take place in the county where such cohabitation
shall have occurred: Provided, That nothing herein con-
tained, shaH%xtend to any person or persons whose hus-
band or wife shall have been continually remaining out of
this state, -pace of live years together, prior to the

said secorijSSIrriage, aid he or she, n >t knowing such
husband orMvife to be living within that time: Provided
also, That nothing herein contained, shall extend to any
person that is, or shall be at the time of such marriage,
divorced by lawful authority, from the bonds of such for-
mer marriage, or to any person where the former mar-
riage hath been by lawful authority declared void.

Sec. 119. If any man or woman, being unmarried,
shall knowingly marry the husband or wife of another
person, such man or woman shall, on conviction, be fined
not more than five hundred dollars, or imprisoned not
more than one year.

Sec. 120. Any man and woman, who shall live together
in an open state of adultery or fornication, or adultery and
fornication, (which shall be sufficiently established by cir-
cumstances, which raise the presumption of cohabitation
and unlawful intimacy;) every such man and woman shall
be indicted severally, and on conviction shall be severally
fined, cot exceeding two hundred dollars, or imprisoned
not exceeding six months^ and for a second offence, they
shall severally be punished twice as much as the former
punishment; and lor the third offence treble, and thus in-
creasing the puni-hment for each succeeding offence: —
ProiAded however, It shall, at any time, he in the pow-
er of the parties, so offending, to prevent or suspend the
prosecution, by their intermarriage, 1,' Jach marriage can

CRIMINAL CODE. t49

be legally solemnized, and upon the payment of the costs
of such prosecution.

Sec. 121. If any person above the age of eighteen
years, shall unlawfully take, or convey away, or shall cause £ma1e^<fcj
to be taken or conveyed away, any female, unmarried, be- eighteen
ing within the age of eighteen year?, out of or from the 3ear«
possession, and against the will of the father or mother of
such female; or out of or from the possession, and against
the will of such person or persons as then shall have, or by
any lawful way or means hath the keeping, education or
governance of any such female, and being thereof convict- pan;ghment
ed, shall be punished by fine not exceeding one thousand
dollars, and imprisonment not exceeding twelvemonths.

Six . 1 2 2. If any person or persons shall nereafter bring,
or cause to be brought, or imported into this state for sale, Gam;nS
or shall sell, or offer to sell any pack or packs of playing .

cards, or any dice, billiard table, billiard! balls, or any other forbidden to
device or thing invented or made for the purpose of being be sold
used, or any obscene book, pamphlet or print, every such
person shall, on conviction, be fined not less than twenty-five,
nor exceeding fifty dollars.

Sec 123. if any person shall be guilty of open, lewd- Lewdness

ness, or any notorious act of public indecency', landing to

debauch the public morals, or shall keep open any tippling

house on the sabbath day or night, or shall maintain and

keep a lewd house or place, for the practice of fornication, Brothels fcr-

or shall keep a common, ill governed and disorderly house, H^TOrncd

to the encouragement of idleness, gaming, drinking or houses

other misbehavior, every such person shall, on conviction,

be fined not exceeding one hundred dollars, or imprisoned Pcmshmeni

not exceeding six months.

Sec 124. If any person shall, by himself, herself, servant, _ _

,i , ■ i • i '• /.; i i Gaming hou-

or other agent, tor his or her gain or profit, keep, nave, ex- 3eg

ercise or maintain a common gaming house, table or room,
or iii any house or place, occupied by him or her, procure
or permit any persons to frequent, or come together to
play for money or other valuable thing, at any game, eve-
ry offender on conviction, shall be fined not exceeding one Punishment
hundred dollars, or imprisoned not exceeding six months.

Sec 12o. If any person or persons shall play for money, Playing at
or other valuable thing, at any game with cards, dice, cards» kc
checks, or at billiards, or with any other instrument, arti-
cle or articles, thing or things whatsoever, which may be
purpose of playing or betting upon, or win-
ning or losing money, or any other thing or things, article D ^
or ai • . of ralue, or shall bet on any game others may
b« . person so offending, snail be lined not Punishment

less than twenty-five, nor exceeding one hundred dollars.

160

CRIMINAL CODE.

Tavern keep-
ers not to al-
low gaming

Duty of jus-
tices and oth-
er officers to
give informa-
tion

Sections 124
125, 127, and
128, to be giv
en in « harge
to grand ju-
rors

Officers omit-
ting this duty

Punishment

Selling spirit—
ous liquors,
without li-

Selling to
slaves and ser-
vants .

Obstructing
roads or high

•way 8

Nuisance

Sec. 126. Every tavern keeper, who shall suffer or per-
mit any game or games prohihited, or intended to be pro-
hibited by this act, to be played in his tavern, or in any
out house appendant thereto, shall, on conviction, be fined
not exceeding one hundred dollars, and shall forfeit his
tavern license, and shall not be again licensed for one year
from such conviction. It shall be the duty of all the justices
of the peace, sheriffs, constables, coroners, and grand ju-
rors, now in office, or hereafter to be appointed, to take
notice, and give information to the proper authorities of
all such offences as may be committed in their respective
counties, contrary to the provisions of this act, whenever
the same may in any wise come under their immediate
observation; and the circuit attorneys of the several cir-
cuit courts, shall respectively, at each and every term of
any such court, give the 124th, 125th, 126th, 127th and
12 th sections of this act in special charge to the grand
juries respectively. And if any officer whose duty it is
made to execute the provisions of this act, shall neglect to
enforce its provisions upon view or complaint as aforesaid,
such officer, upon conviction thereof, shall be fined in the
sum of one hundred dollars, and shall moreover be sus-
pended from office for one year.

Sec. 1 27. Every person not having a legal license to keep
a tavern, who shall barter, exchange or sell any wine,
rum, brandy, gin, whiskey or other vinous, spiritous or
mixed liquors to any person or persons, by a less quantity
than one quart, shall on conviction, be fined for every of-
fence, ten dollars.

Sec 128. Every tavern keeper, or other retailer of
spiritous liquors, who shall sell, barter or exchange any
wine, rum, gin, brandy, whiskey, or other spiritous liquors,
to any black or mulatto servant or slave, without the con-
sent of the master or mistress of such servant or slave, shall,
on conviction, be fined for each offence, ten dollars.

Sec 129. If any person shall obstruct or injure or cause
or procure to be obstructed or injured, any public road or
highway, or common street or alley of any town or village,
or any public bridge, causeway, public river, or other
stream declared navigable by law; or shall continue such
obstruction, so as to render the same inconvenient or dan-
gerous to pass; or shall erect or establish any offensive
trade, manufacture or business, or continue the same, af-
ter it has been erected or established to the common dis-
turbance, annoyance, nuisance or detriment of the county,
town, village, or neighborhood where the same may be
erected or established; or shall in any wise obstruct or
pollute any water course, lake, pond, marsh, or common

CRIMINAL CODtf. 151

sewer, or continue such obstruction or pollution, so as to
render the same offensive or unwholesome to the county,
town, village or neighborhood thereabouts; every person
so offending shall, upon conviction thereof, be fined not
exceeding one hundred dollars; and every such nuisance l'uni9iment
may, by order of the circuit court before whom the con-
viction shall take place, be removed and abated by the Nuisances to
sheriff' of the proper county; and any inquest and judg- be abated
meut thereon had, under the provisions of any law au-
thorizing a writ of ad quod damnum, shall be no bar to nun?Uno bar"1"
prosecution under this section.

Sec 130. If any person or persons shall knowingly sell Selling un-

any flesh of any diseased animal, or other unwholesome wholesome

. . •• j j i* ljj'i i- provisions, oto

provisions, or any pernicious and adulterated drink or li-

quors, every person so offending, shall be fined not ex-
ceeding one hundred dollars, or imprisoned not exceeding
three months.

Sec. 131. If any person, number of persons, or corpora- Private bills
tion in this state, without special leave from the general tobeusedas
assembly, shall emit and utter any bill of credit, or make, hibited pr°'
sign, draw or endorse any bond, promissory note or writ-
ing, bill of exchange or order to be used as a general cur-
rency or medium of trade, as, and in lieu of money, or
ether currency, every such person or persons or members
of such corporation, assenting to such proceedings, being
thereof duly convicted, shall pay a fine not exceeding three Jo""-*™,^*
hundred dollars, or be imprisoned not exceeding one such
year.

Sec. 132. If any person shall intentionally deface, ob-
literate, tear down, or destroy in part or whole, any copy tjces '
or transcript, or extract of, or from any law of the United
States or of this state, or any proclamation, publication,
advertisement or notification, set up at any place in this
state by authority of any law of the United States or of
this state, or by order of any court, such person shall, on
conviction, be fined in a sum not exceeding fifty dollars,
nor less than five dollars, or imprisoned for a term not ex- unis,-xncl:-
ceeding one month : Provided, that this section shall not be Proviso
construed to extend to the defacing, obliterating, tearing
down, or destroying any law, proclamation, publication,
advertisement or notification, after the time for which the
same was bv law to remain set up, shall have expired.

Sec 133. Every person wandering or strolling about,
able to work or otherwise to support himself, in a respecta- v?Siants
ble way, or leading an idle, immoral and profligate course H(m cec.,
oflife, without the visible means of supporting himself, (\^\^
shall be arrested by a warrant to be issued by any justice
of the peace : and if, on his examination, and th<? examina-

\
152

CRIMINAL CODE.

May be im-
prisoned

Tlogues

Who are

Punishment

Posse Comi
talus

Refusing to
join and aid

Punishment

Dintotering

the dead !

tion of witnesses, said justice shall adjudge the said suspi-
cious person to be a vagrant, he shall be bound in a recogn-
izance with sufficient security for his good behavior, and
future industry for one year; and upon his failure or refusal
to give such security, he shall be committed and indicted
as a vagrant, and on conviction, shall be imprisoned not
exceeding six months.

Sec 134. If any person shall be apprehended, having
upon him or her, any pick-lock, key, crow, bit or other im-
plement or tool, with intent feloniously to break and enter
into any dwelling house, ware house, store, shop, stable or
other building containing valuable property; or shall have
upon him any pistol, hanger, dirk, bludgeon, or other of-
fensive weapon, with intent feloniously to assault any per-
son: or shall be found in any of the aforesaid buildings
with intent to steal any goods or chattels, every such per-
son, upon conviction, shall be deemed a vagabond and
rogue, and be fined not exceeding five hundred dollars,
and imprisoned not exceeding one year.

Sec. 1 35. Every male person above the age of eighteen
years, who shall neglect or refuse to join the posse comi ta-
tiis, or power of the county, by neglecting or refusing to
aid and assist in taking or arresting any person or persons,
against whom there may have issued any civil or criminal
process; or by neglecting or refusing to aid and assist, in
retaking any person or persons, who, after having been
arrested or confined may have escaped from such arrest
or imprisonment; or by neglecting or refusing to aid and
assist in preventing any breach of the peace, or the com-
mission of any criminal offence, being thereto lawfully re-
quired by any sheriff, coroner, constable, judge or justice,
or other officer concerned in the administration of justice,
shall, upon conviction, be fined not less than ten dollars,
nor more than fifty dollars.

Sec* 1 36. If any person or persons shall open the graves
or tombs, where the body or bodies of any deceased per-
son or persons shall have been deposited,- and shall remove
the body or bodies or remains of any such deceased per-
son or persons from the grave or place of sepulture, for
the purpose of dissection, or any other surgical or anato-
mical experiment, or for any other purpose, without the
knowledge and consent of the near n f the deceas-

ed, or shall in any way aid, assist, counsel or procure the
same to be do;;:1, or shall aid or assist in any surgical or
anatomical experiment therewith, or dissection thereof,
knowing such body or bodies to have been so taken or re-
moved from the place or plai ire as afore-
said, every such person or persons so ofienclmg, and being

CRIMINAL CODE. 133

thereof convicted, shall be fined not less than one hundred, Punishment
nor more than five hundred dollars: Prowcfed that this section
shall not be construed to extend to the dissection of any cri-
minal, where the same shall be directed to be delivered
Up for thnt purpose, by competent authority: and provided Further pro^
also, that this section shall not be construed to prevent any v,so
person or persons from removing the body or bodies of their
deceased relations, or intimate friends, to any other place
of sepulture that he or she may think proper.

Sec. 137. If any person, being an elector, shall vote voting twice
more than once at any election, which may hereafter be
held by virtue of any of the laws of this state, he shall,
upon conviction thereof, be fined in any sum not exceed- Punishment
ing one hu.idred dollars.

Sec. 1 38. If any person shall by bribery, menace, treat-
ing or other corrupt means or device whatsoever, either Usin<*corrunt
directly or indirectly attempt to influence any elector of mransinele«-
this state in giving his vote; or shall deter or attempt to tion9
defer him from giving the same, or if any elector shall re-
ceive any bribe forgiving his vote at any election, every
person so offending, being thereof convicted, shall be fined
not exceeding five hundred dollars, and shall thereafter he pun;snmen*,
disqualified from voting at any election in this state for
five years.

TWELFTH DIVISION.

OFFENCES COMMITTED BY CHEATS, SWINDLERS AND OTHER

FRAUDULENT PERSONS.

Sec. 139. All and every person, who shall be a party
to any fraudulent conveyance of any land, tenements or ^'}(Iu^!:
hereditaments, goods or chattels, or of any right or inter-
est issuing out of the same, or to any bond, suit, judgment,
or execution, contract or conveyance, had, made, or con-
trived, with intent to deceive and defraud others, or to de-
feat, hinder or delay creditors or others of their just debts,
damages or demands; or who being parties as aforesaid,
at any time, shall wittingly and willingly, put in use, avow,
maintain, justify or defend the same, or any of them, as
true, and done, had or made in good faith, or upon good
consideration; or shall sell, alien or assign, any of the
lands, tenements, hereditaments, goods, chattels or other
things before mentioned, to him, her or them, conveyed
as aforesaid, or any part thereof, he, she or they so offend- punj3hnien:
ing shall, on conviction, be fined not exceeding one thou-
sand dollars.

Sec. 140. If-any person, bv false representations of his
20

154

CRIMINAL CODE.

dit by false
pretences

Obuiningcre own respectability, wealth or mercantile correspondence,
and connexions, shall obtain a credit, and thereby defraud
any person or persons of mouey, goods, chattels, or any valu-
able thing; or if any person shall cause or procure others te
report falsely of his honesty, wealth or mercantile charac-
ter, and by thus imposing on any person or persons, obtain
credit and thereby fraudulently get into possession of
goods, wares or merchandize, or any valuable thing, eve-
ry such offender shall be deemed a swindler, and on con-
viction shall be sentenced to restore the property so frau-
dulently obtained, if it can be done, and be fined not ex-
ceeding five hundred dollars, and imprisoned not exceed-
ing six months.

Sec. 141. If any person or persons, knowingly and de-
signedly, by any false pretence or pretences, shall obtain
from any other person or persons, any chose i>« action, mo-
ney, goods, wares, chattels, effects, or other valuable thing
whatever, with intent to cheat or defraud such person
or persons of the same; every person so offending shall be
deemed a cheat, and on conviction, shall be sentenced to
restore the property so fraudulently obtained, if it can be
done, and be fined not exceeding one thousand dollars*
and imprisoned not exceeding one year.

Sec. 142. If any person or persons shall, by fraud or
shift, circumvention, deceit or unlawful trick or device, or
ill practice whatsoever, in playing at cards, dice or any
game or games, or in, or by bearing a share or part in the
stakes, wagers or adventures, or in, or By betting on the
side or hand of such as do, or shall play, obtain or acquire
to him or themselves, or to any other or others, any mo-
ney, or other valuable thing or things whatsoever, such
person so offending, shall be deemed a common cheat, and
on conviction, shall be sentenced to restore the money or
other thing so unlawfully acquired, if it can be done, and
fined not exceeding five hundred dollars, and imprisoned
not exceeding six months.

Sec. 143. If any person shall knowingly sell by false
False weights weights or measures, he or she shall be deemed a common
cheat, and on conviction shall be fined not exceeding two
Punishment hundred dollars, and imprisoned not exceeding three-
months.

Swindling

Punishment

Cheats

Who are

Punishment

Common
cheats

Who are

THIRTEENTH DIVISION.

FH'.UDULENT AND MALICIOUS MISCHIEF.

IujSries to
bridge

Sec. 144. If any person shall wilfully or maliciously
cut down, break down, level, demolish, or otherwise de&

CRIMINAL CODE. 155

troy, or damage any bridge, embankment, or mill dam; M>u darI*»
or break or destroy the windows or doors of any dwelling Oweiimgs
house, or other house or building, or shall set fire to, or
burn or destroy, or procure or cause to be burnt or des-
troyed, any barrack, cock, crib, rick or stack of hay, corn, Ha7 stack,&s
wheat, rye, oats, barley or grain of any kind; or shall cut
down, or girdle, or destroy any fruit tree, or shade tree; shwie trees
or shall pull down or destroy any gate, post, railing or
fence; orshallpull down, burn ordestroy any piles of wood, Gait»and
board, plank or other lumber; or shall overturn any cart, tnces
wagon, or other carriage, or shall run them bto ponds, Wagon*
sloughs, holes or other places; or shall cut loose, or set
adrift any canoe, ferry flat, skiff, boat or other vessel, for
mischief; or shall unlawfully, wantonly, wilfully or mali- Wtttercraft&
ciously, kill, wound, disfigure, or destroy any horse, mare, injaiie8toaii'
colt or gelding; or any bull, ox, steer, bullock, cow, tiei- imals
fer or calf; or any sheep or lamb; or any hog or pig; or
any other useful animal, being the property of another;
every person so offending shall, on conviction, be fined not .
exceeding one hundred dollars, or be imprisoned not ex-
ceeding three months, or'both.

Sec. 145. If any person or persons shall wilfully and Destroying
intentionally break down, pull down, or otherwise destroy Jai,a
or injure, in the whole or in part, any public jail or other
lawful place of confinement, every person so offending
shall, upon conviction, be fined in any sum not exceeding
five thousand dollars, nor less than the value of such jail
or other place of confinement so burned or otherwise des- punishmeut
troyed, or of such injury as may have been done thereto
by such unlawful act.

Sec 146. If any person or persons shall, at any time
hereafter, wilfully and intentionally, or negligently and Firing the

,' ■£, < , J ± r woods or pr^«

carelessly, set on tire, or cause to be set on tire, any woods, rie8

prairies or other grounds whatsoever, within the inhabit-
ed parts of this state, every such person so offending, and
being thereof convicted, shall be fined in any sum not less
than five nor more than one hundred dollars: Provided, Proviso
that this section shall not extend to any person who shall
set on fire the woods or prairies immediately adjoining his
or her farm, plantation or enclosure, for the necessary pre-
dion thereof from accident by fire, at any time be-
tween the first day of March and the last day of Novem-
ber, by giving to his or her neighbors two days' notice of
such intention: Provided also, that this section shall not be
construed to take away any civil remedy which any per-
son may be entitled to for any injury which may be done VqmW.<
or . quence of such firing.

156 CRIMINAL CODE.

FOURTEENTH DIVISION.

OFFENCES RELATIVE TO SLAVES, INDENTURED SERVANT*
AND APPRENTICES.

. Sec. 147. If any person or persons shall harbor or se*

BUves01"'"5 f rete an? negro> mulatto, or person of color, the same be-
ing a slave or servant owing service or labor to any other
person or persons, whether they be residents of this state
of any other state, territory, or district within the limits
and under the jurisdiction of the United States; or shall
in any wise hinder or prevent the lawful owner or owners
of such slaves or servants from retaking or possessing them
in a lawful manner; every such person so offending, shall
be deemed guilty of a misdemeanor, and fined not exceed-
Funishment jng gye hundred dollars, or imprisoned not exceeding six
months.

Sec. 148. If any person or persons entitled to the labor
Removing in- or service of any negro, mulatto or colored person, by in-
dentured ser- denture or other contract, or registry, made or enter-
thksuS01 ed into' under the laws of the "late territory of India-
na or of Illinois, having a right to hold such person of color,
in temporary servitude, by virtue of those laws and the
constitution of this state, shall hire out, or send any such
negro, mulatto, or colored person, or any of his or her
children, to live or reside in any other state, territory of
country; or shall cause or procure, or suffer it to be done,
or shall sell or otherwise dispose of any such person of co-
lor, or the children of such, for the purposes aforesaid, t»
any citizen or resident of another state, territory or coun-
try, or shall suffer such person or persons of color to be
removed into any other state, territory or country, before
the expiration of his or her term of service; every person
so offending, and all purchasers of such colored persons so
Forfeits the sold, or removed, shall forfeit and lose all claim, right and
right to sei- titie to the service of such person of color, and shall, on
conviction for each offence, be fined not exeeding five
Punishment hundred dollars, one half to be applied to the use o£ the
person injured and the other half to the use of the coun-
ty-

Sec 149. If any keeper of a public house, or retailer of

toSn and pPirito.us li(iuorsr shall receive, harbor, entertain, or trust

apptLtices, any minor or apprentice, within the age of twenty-one

&c oriv.rbor years, or any servant or slave, knowing them to be such,

Sunt* CaU~ a^tcr navit)g ')ren cautioned or warned to the contrary by

the parent, guardian, master or mistress of such minor.

apprentice, servant or slave, in the presence of one or

more credible witnesses: every such keeper of a pi::

CRIMINAL CODE. 15V

house, or retailer of -piritous liquors as aforesaid, so of-
fesidi ig shall, upon conviction thereof, be fined in the sum p • .
of twelve dollars, and shall moreover forfeit his or her li-
cense.

FIFTEENTH DIVISION.

CONSTRUCTION OF THIS ACT, AND DUTY OF COURTS.

Sec. 150. Every indictment or accusation of the grand Practice ia

jury, shall be deemed sufficiently. technical and correct criminal case*

which stntes the offence in the terms and language of this . .. . .
i i • i i i r- i /y- i i Indictment

code, or so plainly that the nature of the ollence charged,

may be easily understood by the jury. The commence- Whatsuffi-

ment of the indictment shall be in substance as follows: cient

of the term of the circuit court in

the year of our Lord

State of Illinois, )
County. J

The grand jurors chosen, selected and sworn in and for
the county of , in the name, and by the authority of

the people of the state of Illinois, upon their oaths present,
&c. (here state the offence, and time and place of com-
mitting the same, with reasonable certainty.)

Sec 151. All exceptions, which go merely to the form Exceptions to
of an indictment, shall be made before trial, and no mo- torm wheQ
tion in arrest of judgment, or writ of error shall be sustain- Arrest 0f
ed for any matter not affecting the real meiits of the of- judgment
fence charged in such indictment. No indictment shall
be quashed for want of the words, "with force and arms"
or of the occupation or place of residence of the accused,
nor by reason of the disqualification of any grand juror, or
grand jurors.

Sec 152. Nothing in this act contained shall be so \favfcareCj*.,
construed as to prevent the party or parties injured from il action
having and maintaining a civil action for all damages and
losses that he, she or they may have sustained in conse-
quence of the commission of any criminal offence herein
punished; and no court shall allow or entertain the plea
that the private injury is merged in the crime, or in any ^™mf* "Ja^
manner affected thereby: Provided however ', the record of in the crima
conviction shall not be used as evidence in any civil action **«*vko
brought on any forged writing, or to recover the damages
and losses sustained by the commission of any such crimi-
nal offence.

Six. 153. ItshalLand it is hereby declared to be, the £$2£J*"
h ! judges of the supreme and circuit courts, to in diisccdu

m CRIMINAL COD&

make a special report biennially, to the legislature, of alT
sue; i defects, omissions or imperfections in this code, as ex-
perience may suggest.

Sec. 154. The manner of inflicting the punishment of
hi hanging0 deatlj> snaI1 De Dv hanging the person convicted, by the
neck until death, at such time as the court shall direct, not
less than fifteen, nor more than twenty-five days from ihe
time sentence is pronounced, unless for good cause the
court or governor may prolong the time.

Sec. 155. The court may order, on the application of
Bodv of con- anv respectable surgeon or surgeons, that the body of the
<ktivt"d\o C convict shall after death, be delivered to such surgeon or
smgeons surgeons, for dissection.

Sec. 156. This act shall extend to females committing
«te8ndCtto°fe- any °* tne °ffences made punishable by this act, although
males they may not be expressly named, but no white female

Exc pt whip- shall be sentenced to be whipped, or to stand in the pil-

pllig, &c. . rr ' r

lory.

Sec 157. All offences herein defined, shall be prosecu-
Offcnoes here ted and punished as by this act is prescribed, and not oth-
in defined to erwise; and all other offences may be punished by fine and
und^r'hteact imprisonment, in the discretion of the court: Provided^
Proviso Tne fine shall in no case exceed one hundred dollars, and

the imprisonment six months.

Sec 158. Whenever the punishment for any crime or
. misdemeanor, is discretionary as to the extent or amount

punUhinent V thereof, the court shall determine and affix the same, whe-
ther the punishment consist of corporal punishment, im-
prisonment or fine.

Sec 159. All fines imposed by virtue of any of the
Fines impos- ]aws 0f this state for the punishment of crimes and mis-
, iow pai demeanors g[lai]^ when collected, be paid into the treasury
of the county where the offence shall be tried, for the use
of such county, unless otherwise expressly directed: Pro-
Proviso sided however, That nothing in this section contained, shall
be so construed as to found or constitute, a cause of chal-
lenge or objection to any grand or petit juror.
Bcm fit of Sec 160. The benefit of clergy, appeals of felony, and
aboSed S' trials by battle, shall be and are hereby forever abolish-
ed.

Sec 161. The court shall have power in all cases of

Offenders conviction under this act, when any fine is inflicted, to order

u3ne1L as Part of t!l° judgment of the court, that the offender

oostsb^paid shall be committed to jail, there to remain until the fine

and costs are fully paid, or otherwise legally discharged.

Sec 162. Each and, every person, who may hereafter

Inf-imy })e convictcd of the crime o( rape kidnapping, wilful and

\\ h>) two m- , .',..' ' , ,

ftimoos corrupt perjury, or subornation o* perjury? arson, burgia-

CRIMINAL CODE. J 59

ry, robbery, sodomy or the crime against nature, larceny*
Jbrgery, counterfeiting or bigamy, shall be deemed infa-
mous, and shall for ever thereafter, be rendered incapable of
holding any office of honor, trust or profit, of votiag at
any election, of serving as a juror, and of giving testimo-
ny within this state.

SIXTEENTH DIVISION.

OF PROCESS, INDICTMENT, ARRAIGNMENT, TRIAL, JUDGMENT,
EXECUTION, AND WRIT OF ERROR.

Sec 163. It shall be the duty of the circuit court, when Duty of thj:
any indictment shall be found as a true bill, to make an ^mountcf
order fixing the amount of bail to each offence, bailable bait
by law, to be endorsed on the process by the clerk; and
the sheriff, coroner, or oilier officer, who shall arrest the
indicted person or persons, shall let such indicted person
or persons to bail, upon his, her or their entering into a re-
cognisance, with one or more sufficient securities, in the
sum or sums specified on said process: Which recogni-
zance, shall be made to the people of the state, condition-
ed for the appearance of the indicted person or persons,
on the first day of the next circuit court, to be holden in
and for such county, to answer the said indictment, and not
depart the court without leave; which recognizance shall Recofmizaa^
be signed by the persons entering into the same, and cer- How takea
tified by the officer taking it. Every recognizance, so ta-
ken, is hereby declared to be valid and binding, and shall
cot be set aside, or adjudged insufficient for want of form.

Sec 164. It shall be the duty of the clerks of the cir- rjierksdutr
euit courts of each county of this state, to issue process
of capias, for the apprehension of all persons indicted in
said courts, respectively, to be directed to the sheriff, coro-
ner, and constables of the county where such indictment
shall be found, or to any county where such indicted per-
son or persons shall then be; and it shall be the duty 0f Andshcn&
the sheriff, or in case of his absence or inability, of the
coroner, or some one of the constables of the county, to
which said capias is directed, to arrest the person or per-
sons therein named ; and to let him or them to bail where
the offence is bailable; or if the offence be not bailable, wiien folec
or not sufficient bail he offered, then the officer making to bail, mJ
the arrest, shall- bring his, her, or their bodies, to the jail J^w™**
of the county where said capias is returnable, and deliver
such accused person or persons, together with the capias,
to the keeper of the jail, there to remain until dischrug.
Oct b) due course of law. It shall abo be the duty of any

160 CRIMINAL CODE,

Recognizance
? hen to be

officer who shall take any recognizance, in pursuance of
this section, to return the same to the clerk, by the first

returned "" day of the court to which it may be returnable. It shall
be lawful for any officer who has the custody of any pris-

Officer pas- oner or prisoners hy virtue of this section, to pass through

si; g th rough r . i • / i- • i • i . rAi i r

a count, with any counties, which he in his route, between tne place ot
prisoner may arrest and the county to which he is taking such prisoner
anerV/Tail ' 'S or prisoners; and to lodge or deposite said prisoner or pri-
soners in any jail, on his route for safe custody for one
flight or more, as occasion may require; and it is hereby
made the duty of the county commissioners" court of the
Countv, where such indictment shall be found to pay to the
ofhcerwhoshall bring any offender or offenders from another
county, his reasonable charges for such service: Provided,
That nothing contained in this or the preceding section,
shall prevent a capias from being issued, without such
endorsement returnable instanter; which capias shall au-
thorize and require the accused to be arrested and imme-
diately brougnt into court, when he or she shall be, either
committed, bailed ortried at the term at which the indict-
ment shall be found.

Sec. 165. It shall be the duty of the clerks of the cir-
Dutvofcierks cu it court, to issue subpoenas, either on the part of the
wenas6 SU ' people, or of the accused in any indictment, directed as
in the preceding section, to any county in this state. And
every witness who shall be duly suhpeened, and shall neg-
Witness?s Iect or refuse to attend any circuit court pursuant to the
refusing toat requisitions of such subpoena, shall be proceeded against,
and punished for contempt of the court. And atlach-
Attachments ments against witnesses who live in a different county from
to different that where such subpoena is returnable, may be served in
the same manner as capiases are directed to be served
out of the county, from which they issue in the preceding
section.
Venire in Sec. i6G. It shall not be necessary to issue a venire in

rtriminat case* any criminal case ; and in all criminal cases, where the pan-
nel of jurors shall be exhausted, by challenges or other-
wise, and whether any juror has been elected and sworn
or not, it shall be competent for the court to order on their
minute^ a tales for any number of jurors not exceeding
twenty-four, returnable instanter, out of which persons so
ordered to be summoned, it shall be lawful to empannel a
jury for the trial of any criminal case; but should the tales
^aesmea orcierecj9 he insufficient, by reason of challenges or other-
wise, to form an impartial jury, the court may from
time to time make further orders on their minutes for addi-
tional talesmen, returnable instanter, until a lull jury shall
be obtained.

CRIMINAL CODE. 161

'Sec. 167. No bill of indictment for false imprisonment ^«e^J«

or wilful and malicious mischief, shall be found 'a true bill' edoQ inaicv

by any grand jury, unless a prosecutor is endorsed there- ment

on, by the foreman of the grand jury, with the consent of

the prosecutor, except the same shall he found upon the _

• 1111 r a r it j Exception

information and knowledge 01 two or more of the grand

jury , or upon the information of some public officer, in the
nece?sary discharge ot his duty; in which case, it shall be
stated at the end of the indictment, how the. same is found ;
and flien no prosecutor shall be required; but in cases
where a prosecutor is endorsed on the indictment, and the
defendant shall be acquitted on trial; the petit jury ac-
quitting such defendant, shall find in addition to the ver-
dict of "not guilty" whether the prosecutor had acted
maliciously bv instigating the prosecution or not: and
whenever the petit jury shall return with their verdict of
;:not guilty," that the prosecutor had acted maliciously in Verdict
the premises, the court shall enter judgment for the costs at m"
against the prosecutor, including a fee of three dollars to
the attorney general or circuit attorney, and award exe-
cution for the same, as is done in civil cases: Provided,
That nothing herein contained, shall render the prosecu-
tor incompetent to be a witness, either before a grand or
petit jury.

Sec. 163. Every person charged with treason, murder, Trials for
or other felonious crime, shall be furnished, previous to J.rea8»"' m^
his arraignment, with a copy of the indictment, and a CUS(L(] lo be
list of the jurors and witnesses. In all other cases, he or furnished with
she shall, at his or her request, or the request of his or her ^t&cndwt"
counsel be furnished with a copy of the indictment and a
list of the jurors and witnesses.

Sec. 169. Upon the arraignment of a prisoner, it shall Arraignment
be sufficient without complying with any other form to
declare orally by himself or herself, or his or her counsel,
that he or she is not guilty, which declaration or plea, shall
be immediately entered upon the minutes of the court by
the clerk; and the mention of the arraignment and such
plea, shall constitute the issue between the people of this
state and the prisoner; and if the clerk should neglect to
insert in the minutes, the said arraignment and plea, it may
and shall be done, at any time by order of the court; and
then the error or mistake shall be cured.

Sec. 170. In all cases where the party indicted, shall, Standi ate
on being arraigned, obstinately stand mute, or refuse to effect of
plead, standing mute, or refusal to plead, shall be adjudg-
ed and taken to be a denial of the facts charged in the in-
dictment, and the court shall order the plea of not guilty
to be entered on the minutes, and the trial, judgment and
21

16*

CRIMINAL CODE,

Plea, guilty
Do' to b^ en-
tered until
explained

Witnesses to
be examined
in aggravation
or mitigation

Challenge in
capital cases
to 20jur"r3
In other* to
ten & co six

By the people

to one half as

many

Jury

"Medietate

linguae not

allowed

OfF nces com
mitt erf on
count' lines
vhere tried

Granrf juries
evidence be-
fore

Foreman to
•wear witnes

Trials

execution, shall proceed in the same manner as it would
have done if the party had pleaded not guilty.

Sec. 171. In all cases where the party indicted, shall
plead guilty, such plea shall not be entered until the court
shall have fully explained to the accused the consequences
of entering such plea: after which, if the party indicted,
persist in pleading guilty, such plea shall be received and
recorded, and the court shall proceed to render judgment
and execution thereon, as if he or she had been found
guilty by a jury. In all cases where the court possess
any discretion, as to the extent of the punishment, it shall
be the duty of the court to examine witnesses as to the
aggravation or mitigation of the offence.

Sec. 172. Every person arraigned for any crime, pun-
ishable with death, shall be admitted on his trial to a per-
emptory challenge of twenty jurors, and no more; and
every person arraigned for any offence that may be pun-
ished by imprisonment, for a term exceeding eighteen
months, shall be admitted to a peremptory challenge often
jurors; and in all other criminal trials the defendant shall
be allowed a peremptory challenge of six jurors. The
attorney prosecuting on behalf of the people, shall be ad-
mitted to a peremptory challenge of one half the number
of jurors that the accused is entitled to.

Sec. 173. In no case shall the right to a trial by a jury,
de medietate linguae be allowed in criminal prosecutions.

Sec 174. Where an offence shall be committed, on a
county line, the trial may be in either county, divided
by such line; and when any offence shall be commit-
ted against the person of another, and the person commit-
ting the offence, shall be in one county and the person re-
ceiving the injury shall be in another county, the trial
may be had in either of said counties.

Sec 175. In all complaints exhibited before the grand
jury of any county, they shall hear the witnesses, on
behalf of the people only; and may find an indictment on
the oath of one witness only, or upon the information of
two of their own body, excep* in cases of treason or per-
jury, where at least two witnesses to the same fact shall
be necessary, and in finding a bill of indictment, at least
sixteen of the grand jury shall be present, and at least
twelve of them shall agree to the finding. The foreman
of the grand jury may swear or affirm all witnesses that
may come before the jury.

Sec 176. All trials for criminal offences, shall be con-
ducted according to the course of the common law, ex-
cept where this act points out a different mode; and the
rules of evidence of the common law shalj also, unless

CRIMINAL CODE, 163

changed by this act, be binding upon all courts and juries Juries to
in criminal cases. Juries shall in all cases be judges of Ja^an,! th»
the law and the fact. tact

Sec. 177. When the jury shall retire to consider of
their verdict, in any criminal case, a constable or other of- ^"".^by
ficer, shall be sworn or affirmed to attend the jury to some an officer
private and convenient place, and to the best of his ability
keep them together without meat or drink, water excep-
ted, unless by leave of the court, until they shall have
agreed on their verdict; that he will not speak to them
himself, without like leave, except to ask them if they
have agreed on their verdict, nor suffer others to speak
to them; and that when they have agreed on their verdict,
he will return them into court: Provided however, that in ^ , ..
cases of misdemeanor only, if the prosecutor for the peo- charged in a*
pie and the person on trial, by himself or counsel shall gree^ntta
agree, which agreement shall be entered upon the minutes certam ca3e*
of the court, to dispense with the attendance of an officer
upon the jury, or that the jury when they have agreed
upon their verdict, may write and seal the same, and after
delivering their verdict to the clerk, may then separate;
it shall be lawful for the court to carry into effect any
such agreement, and receive any such verdict so delivered
to the clerk as the lawful verdict of any such jury.

Sec. 178. If any officer sworn to attend upon a jury,
shall knowingly violate his oath or affirmation, or shall so ^tSUd ]*?*
negligently perform his duties that the jury shall separate ries
without leave of the court, or obtain food or drink, except
water, or if any person, not belonging to the jury, shall their duty
hold conversation with any of the jury; every person and
officer so offending, shall be punished for a contempt of
the court, by fine or imprisonment, or both, in the discre-
tion of the court.

Sec. 179. In all cases where any person or persons judgment for
shall be convicted of any of the crimes or misdemeanors costs to be
specified in this act, or of any offences at common law, the given
court shall give judgment, that such offender or offenders
so convicted, shall pay the costs of the prosecution.

Sec. 180. The property, real and personal, of every To be a lieu
person who shall be convicted of any of the offences pun- fromarres'
ished by this act, shall be bound; and a lien is hereby cre-
ated on the property, both real and personal, of every such
offender, from the time of his or her arrest, if he or she
be arrested before indictment; if not, then from the
time of finding the indictment; at least so far as will be

ient to pay the fine and costs of prosecution. And it Clerk to issue
shall be the duty of the clerk of the circuit court, 'at the gJ^J^Jj
end of each term, to issue an execution for every fine

164 CRIMINAL CODE.

which shall have heen imposed during the term, and
which remains unpaid, and for all costs of conviction in
criminal cases, in which execution shall be stated the day
on which the arrest was made, or indictment found, as the
case may be: which execution shall be delivered to the
■it sheriff or coroner, and shall be by him levied on all estate,

fa Mchcsra real and personal, which the defendant or defendants in
such execution possessed, as his or her own real and per-
sonal estate, on the day mentioned in such execution; and
on any property, real or personal, subsequently acquired
by him or her; which property so to be levied on, shall be
advertised as in civil cases, and sold for what it will bring.
It shall be no objection to the selling of any property un-
der such execution that the body is in custody for said fine
and costs.

Sec. 181. It shall and may be lawful for any person or

Fines & costs persons convicted of any criminal offence to replevy the judg-

may bereple- ment for the fine and costs, or the costs only, when no fine shall
be imposed, by such convicted person or persons, with one
or more good and sufficient freeholders, entering into a
recognizance before the circuit court to the people of this
state, for the payment of such fine and costs, or costs only,

five months within five months frcm the date ol the acknowledgment
of such recognizance; which recognizance *o taken, is
hereby declared to be valid in law, and to create a lien on
the real estate of all such persons as shall acknowledge

Clerk's dut- *ne same*> and uPjn the breach thereof, the clerk is here-
by authorized to issue an execution against the goods and
chattels, lands and tenements, of the persons who entered
into such recognizance, in the same manner as if it had
been a judgment of the court; which execution shall be
collected in the same manner as is prescribed in the pre-
ceding section. No scire facias shall be necessary previous
to issuing such execution. In all cases where the person
or persons convicted as aforesaid shall replevy the fine and
Costs as is provided in this section, then no execution shall
issue for said fine and costs as is provided in the next
preceding section; and further, such person or persons,
after replevying the fine and costs as aforesaid, shall not
be imprisoned for such fine and costs, hut such person or
persons shall be wholly discharged from any imprisonment
in consequence of any conviction, unless where imprison-
ment is, by this act, made a part of the punishment; in
that case, such convicted person or persons shall be dis-
charged from his, her or their imprisonment, at the expi-
ration thereof, if he, she or they have replevied the fino
and costs as aforesaid.

CRIMINAL CODE. 165

Sec. 1 82. Executions for fines and costs of prosecution, Execution for
•and on recognizances taken in pursuance of the preceding mes c
section, may be issued into any county in this state.

Sec. 183. Whenever it shall be made satisfactorily to Court may
appear to the circuit court, after all legal means have been discharge pcr-
exhausted, that any person who is confined in jail for any *°J'suuaWeto
fine or costs of prosecution for any criminal offence, hath
no estate or means wherewith to pay such fine and costs,
or costs only, it shall be the duty of the said court to dis-
charge such person from further imprisonment for such
fine and costs, which discharge shall operate as a complete
release of such fine and costs: Provided, that nothing herein Proviso
shall authorize any person to be discharged from imprison-
ment before the expiration of the time for which he or she
may be sentenced to be imprisoned as part of his or her
punishment.

Sec 184. In all cases of bail for the appearance of any Appearance
person or persons charged with any criminal offence, the kail
security or securities of such person or persons, may at
any time, before judgment is rendered upon scire facias to
shew cause why execution should not issue against such secu-
rity or securities, seize and surrender such person or persons
charged as aforesaid to the sherirFof the county wherein
the recognizance shall be taken, and it shall be the duty
of such shcrifi", on such surrender and the delivery to him
of a certified copy of the recognizance by which such se-
curity or securities are bound, to take such person or per-
sons so charged as aforesaid into custody, and by writing,
acknowledge such surrender, and thereupon the security
or securities shall be discharged from any such recogni-
zance, upon payment of all costs occasioned thereby.

Sec, 185. In the trial of any person or persons for any Billof«cej>-
crime or misdemeanor, it shall be the duty of the judge tl0;ls
before whom such trial is pending, to sign and seal any bill
of exception tendered to the court during the progress
thereof, as in civil cases: Provided^ the truth of the case
ho fairly stated in such bill of exception*, and thereupon
the said exception? sball, by the clerk of the said court, be
entered in the record of suah trial, and become to all in-
tents and purposes a part thereof.

Sf.c. 18G. The party aggrieved by manifest and mate- Writ of error
rial error, appearing of record, in any capital prosecution
by indictment, may be relieved by writ of error, upon com-
p.lying with the following terms, to wit: the part}' com-
plain; ng that error has been committed shall obtain a cer-
tified copy of the record from the clerk and from the judge
of the circuit court, or from the person who acted as pro-
B trial, a certificate expressive of

166

CRIMINAL CODE.

Assignment
of errors

Supersedeas

Writs of er-
ror granted of
bourse except
in capital cas-
es

How granted
in capital cas

Supersedeas

Prisoner may
be bailed

Bow

' Recognizance

an opinion that said record contains a full and true history
ofthe proceedings on said trial ; which record, together with
an assignment of the errors relied on, for the reversal of
the judgment, shall he presented to the supreme court, or
to one of the justices thereof in vacation; and if after in-
specting such transcript the court or justice aforesaid,
shall be of opinion that there is reasonable rause for allow-
ing a writ of error, the same shall be granted by order,
endorsed on the back of said transcript. The allowance
of such writ of error shall be sufficient authority to the
clerk ofthe supreme court to issue a supersedeas to stay
the execution ofthe sentence of death, but not the dis-
charge of the prisoner from jail. Where any judgment,
the execution whereof has been stayed by writ of error as
aforesaid, shall be affirmed, the supreme court shall, by or-
der, fix the time when the original sentence of death shall
be executed, a copy of which order shall be sufficient au-
thority to the sheriff for the execution of any prisoner
therein mentioned at the time specified.

Sec. 1 87. Writs of error in all criminal cases, not capital
shall he considered as writs of right, and issue of course:
but no writ of error shall be a supersedeas unless the su-
preme court, or one of the justices thereof in vacation, af-
ter inspecting a copy of the record certified as in the pre-
ceding section, together with an assignment of the errors
relied on for a reversal of the judgment, shall be of opinion
that there is reasonable cause for allowing a writ of error,
then the writ shall be granted by order endorsed on the
back of such record, in which case the clerk of the su-
preme court shall issue a supersedeas, which shall have
the effect to stay execution ofthe sentence, but not to dis-
charge the prisoner from custody. If the party applying
for such writ of error shall at the time be in custody, un-
der the authority of the judgment prayed to be superseded
and the said court or justice shall be of opinion that the
party obtaining such writ of error, ought to be bailed un-
til the determination of such 'writ of error, the said supreme
court, or justice, may make an order to discharge such
prisoner iVom custody, upon the prisoner's entering into
recognizance to the people of the state, before the sheriff
ofthe county, where he or she shall be imprisoned, in such
sum, and with such security as* said court or justice
shall prescribe: which recognizance shall be conditioned
that the prisoner will appear at the next circuit court
to be holden in the county where the trial ofsuch prison-
er took place, and at each subsequent term of the circuit
court, on the first days thereof until the determination of
sueh writ of error, and that he will be preterit and submit

CRIMINAL CODE. 167

to such order as the supreme court shall make in the pre-
mises, and will not, at any of the terms of said court in
which he shall be bound to appear by said recognizance ^'™^,ne
depart the court without leave. The recognizance so to
be taken shall he returned to the next circuit court, and
there entered of record; and sucli proceedings may be
thereon had, in case of a breach of the condition of such
recognizance, as shall he according to the course of the com-
mo'i law: Provided however, that in cases where corporal
punishment is to be inflicted, the prisoner shall in no case
be hailed upon the affirmance of any judgment brought in-
to the supreme court by virtue of this section : the said court
shall order and direct the circuit court to carry into effect
the judgment of the court below. In case of affirmance,
judgment shall be given for costs against the party prose-
cuting such writ of error, and execution shall issue there-
upon from the supreme court.

SEVENTEENTH DIVISION.

LIMITATIONS OF INDICTMENTS AND PENAL ACTIONS.

in, ,1 Limitations q£

Sec. 188. No person or persons shall be prosecuted, prosecutions
tried or punished for any offence denominated by the com-
mon law, felony, (treason, murder, arson, and forgery ex-
cepted) unless the indictment for the same shall be found
by a grand jury, within three years next after the offence
shall have been done or committed. Nor shall any person
be prosecuted, tried or punished for any misdemeanor, or
other indictable offence, below the grade of felony, or for
any fine or forfeiture, under any penal statute, unless the
indictment, information or action for the same shall be
found or instituted within one year and six months from
the time of committing the offence, or incurring the fine
or forfeiture: Provided, that nothing herein contained shall
extend to any person fleeing from justice; and provided
also, that where any suit, information or indictment for any
crime or misdemeanor is limited by any statute, to he
broughfor exhibited within any other time than is hereby
limited, then the same shall be brought or exhibited with-
in the time limited by such statute: Provided also, that
where any indictment, information or suit shall be quashed,
or the proceedings on the same set aside, or reversed on
writ of error, the time during the pendency of such in-
dictment, information or suit, so quashed, set aside or re-
versed, shall not be reckoned within this statute, so as to
bar any new indictment, information or suitor the same
offence.

168 CRIMINAL CODE.

Sec. 18y. The act entitled "An act respecting crimei
Actsrepealed and pinijs!ime„t5? approved March 23, 1819;" the act en-
titled "An act respecting crimes and punishments," ap-
proved February 12, 1321: the act entitled "An act to
more effectually prevent kidnapping, and for other purpo-.
ses," approved January 17, 1825: the act entitled "An
act to prevent the disinterment of the dead," approved
January 3, 1825; the 6th, 7th, 8th and 9th sections of the
act entitled "An act respecting free negrpes, mulattos,
servants and slaves," approved March 30, 1819: the act
entitled "An act regulating the firing of woods, prairies
and other lands," approved February 20, 1819: the act
amending the last mentioned act, approved February 14,
1823: the act entitled "An act providing for the prosecu-
tion of county commissioners, sheriffs, coroners, justices of
the peace, clerks of the circuit court, clerks of the county
commissioners' court, recorders and constables, who may
be guilty of malconduct, or palpable omission in the duties
of their respective offices," approved January 19, 1821:
the act entitled "An act supplementary to the act entitled
an act for the prevention of vice and immorality," approv-
ed January 10, 1825: the act entitled "An act to suppress
duelling," approved February 22, 1819; the 7th section of
the act entitled "An act to license and regulate taverns,"
approved February 27, 1819: the ac: entitled "An act for
the prevention of vice and immorality," approved January
31, 1821: the latter or penal part of the proviso to the 3d
section of the act entitled "An act regulating elections,"
approved January 3, 1823: .the 5th and 6th sections of the
act entitled "An act changing the terms of the courts there-
in named, and regulating the practice in certain cases,"
approved January 26, 1826, and all acts and parts of acts
coming within the purview of this act, are hereby repeal-
ed: Provided, that all indictments, recognizances, process
and proceedings, which shall be pending when this act
takes effect, under, or by virtue of any law hereby repeal-
ed, shall be proceeded on to judgment and execution in the
same manner, and with the like effect as if this act had not
been passed: And all crimes, misdemeanors and offences,
which shall have been committed, or may be committed
before this act takes effect,' and which are made punisha-
ble by any of the laws hereby repealed, shall be prosecut-
ed and punished in the same manner a< if this act had not
been passed.

[Approved* Jan. 30, 1827.]

CRIMINAL CODE. 169

AN ACT

To regulate the apprehension of offenders, and for other f,"/^ dJy*
purposes. ot July 1827.

Sec 1 . Be it enacted by the People of the State of Illinois,
^presented in the General Assembly, That the judges of ^"tml 3° '
the supreme court throughout the state, the judges of the the peace
circuit courts in their respective circuits, and justices of
the peace in their respective counties, shall jointly and se-
verally be conservators of the peace, within their respec-
tive jurisdictions, as herein designated, and shall have full Their nowet
power to enforce, or cause to be enforced, all laws that
now exist, or that shall hereafter be made, for the preven-
tion and punishment of offences, or for the preservation
and observance of the peace. They shall have power to
cause to be brought before them, or any of (hem, all per- Ma* cause of>
sons who shall break the peace, and commit them to jail, a^v^Und,
or admit them to bail, as the case may require, and to cause couuiniued
to come before them, or any of them, all persons who shall
threaten to break the peace, or shall use threats against
any person within this state, concerning his or her bo-
dy, or threaten to injure his or her property, or the pro-
perty of any person whatever; and also all such persons
as are not of good fame, and the said judge or justice of
the peace, being satisfied, by the o;itli of one or more wit-
nesses, of his or her bad character, or that he or she had ,„. „, U-„A
, ~ -Tin Andmav bind

used threats as aforesaid, shall cause such person or per- them to keep
sons to give good security for the peace, or for their good the peace
behavior towards all the people of this state, and particu-
larly towards the individual threatened. If any person
against whom such proceedings are had, shall fail to give
a recognizance with sufficient security, it shall be the duty
©f the judge or justice of the peace before whom he or
she shall be brought, to commit such person or persons to
the jail of the proper county until such security be or commit ft>
given, or until the next term of the circuit court. 'Such jail until court
judge or justice of the peace, shall also take recognizances
for the appearance of all witnesses at such courts. All re-
cognizances to be taken in pur-uance of this section shall
be returnable at the next circuit court, to be holden in the
proper county, where all such recognizances shall be re-
newed or dismissed, as the said circuit court shall, upon
examination of the witnesses, deem to be just and right.
And where the person or persons committed are in jail at which may
the sitting of such circuit court, the court shall examine diselirgeV
the witnesses, and either continue the imprisonment, bail .]'s :t1,'!'. ^seai
the prisoner, or discharge him or her, as to the said court msv regujw
22

itO CRIMINAL CODE.

shall appear to be right, having due regard to the safety of
tiie citizens of this state.
, Sec. 2. When any felonious offence shall be committed,

mlybe rSeri Put*»x notice thereof shall be immediately given, in all
for the »p- public places near where the same was committed, and
felousnSi0n 0t ^resh Pursuit slia11 be forthwith made after every person
guilty thereof, by sheriff?, coroners, constables and all
other persons, who shall be by any of them commanded or
summoned for that purpose: every such officer who shall
not do his duty in the premises shall he punished by he,
in a sum not exceeding one hundred dollars, or imprison-
ment not exceeding three months.

Sec. 3. It shall be lawful for any of the aforenamed
inspected judges or justices of the peace, upon oath or affirmation

persons, how J . o ,J , - , . ^ r

Apprehended being made before him, that any person or persons have
committed any criminal offence in this state, or that a
criminal offence has been committed, and that the witness
or witnesses have just and reasonable grounds to suspect
that such person or persons have committed the same, to
issue his warrant u tier his hand, commanding the officer,
or person charged with the execution thereof, to arrest the
person or persons so charged, and bring him, her or them
before the officer issuing said wai wot, or in case of his ab-
sence, before any other judge or justice of the peace, the said
judge or justice of the peace, before whom any person shall
be brought in pursuance of such warrant, or shall be brought
without warrant, and charged with any criminal offence,
before he shall commit such prisoner to jail, admit to bail,
Andtoen- or discharge him or her from custody, shall enquire into
quire into the the truth or probability of the charge exhibited against
charge' the suc^ Pr^oner or prisoners, by the oath of all witnesses at-
tending; and shall upon consideration of the facts and < ir-
cumstances then proved, either commit such person or
persons, so charged, to jail, admit him, her or them to bail,
or discharge him, her or them from custody. No justice
of the peace shall admit to bail any person or persons
charged with treason, murder, or any offence punishable
with death: and provided, that in all cases where the
charge is for sodomy, rape, arson, burglary, robbery, for-
gery, or counterfeiting, it shall be the duty of an) justice
of the peace, whenever any person or persons shall be
brought before him, for the same or cither of them, to as-
sociate with himself some neighboring justice of the peace
previous to the examination of the witnesses, and they two
shall have power to bail such prisoner or prisoners, or com-
mit him. her or them to jail, in case no good and sufficient
bail is offered, or discbarge the prisoner or prisoners, ac-
cording to the proof that is adduced, and the law arising

CRIMINAL CODE. m

thereon. All recognizances taken w pursuance of this
■ection sliail require the accused to appear at, and on the
fii si day of the next circuit court, or if the court be then
sitting, on some day of the term, to be therein designat-
ed.

Sec. 4. It shall be the duty of the judge or justice of
the peace who stnll commit any oliender to jail as arore- (ort»be rer-
said, or admit him to bail, to bind by recognizance the cognised to
pro ecu tor, and all such as do declare any thing material, *JJj£ra*
to prove the otfeiu e charged, to appear before the next
circuit court, on the iirst day thereof, or if the said court
shall be then sitting, on some da) to be therein designated,
(and in all cases at the same time and place as the person
or persons accused by said witnesses shall be bound to
appear) to give evidence touching the offence so charged,
and not depart the court without leave. If any person,
upon being required to enter into recognizance as afore-
said, shall refuse, it shall be lawful for such judge or jus-
tice of the peace to commit him or her to jail, there to re-
main until he or she shall enter into such recognizance, or
be otherwise discharged by due course of law.

Sec. o. All recognizances that have any relation to R .
criminal matters, shall be taken to the people of this state, i,0w uktnitfs
shall be signed by the person or persons entering into the
same, be certified by the judge, justice of the peace, or
other officer taking the same, and delivered to the clerk of
the circuit court, on or before the day mentioned therein
for the appearance of the witness or accused therein
bound. Recognizances taken in courts of record need not
be signed or certified as aforesaid. Recognizances for
assaults, batteries and affrays, shall be for the appearance
of the accused before the justice of the peace taking the
same, or before some other justice of the county, on the
day appointed by the justice for the trial of the offender.

Sec. 6. Where any person shall be committed to jail Persons com-
on a criminal charge, for want of good and sufficient bail, naittedfor
except tor treason, murder, or other otlence punishable
with death, or for not entering* into a recognizance to ap-
p-ar and testify, any judge, or any two justices of the peace
may take such bail or recognizance in vacation, and may
discharge such prisoner from his or her imprisonment. It Mitimns, en-
shall be the duty of the judge or justice committing such <to«ement <*-
persoil to jail to endorse on the warrant of commitment, in
bailable cases, in what sum bail ought to be taken.

Sec. 7. When a charge shall be exhibited upon oath Warrant te
before any judge cr justice of the peace, against any per- w|l0mdi
son for a criminal ofltence, it shall be the dutv of the judge i^d
.ojr justice of the peace, before whom the charge shall be

lirec

172

CRIMINAL CODE.

Warrants
may be direc-
ted to anv
person nam-
ed therein

Officers hav-
ing ens' I'd) of
offenders

How to pro-
ceed

Warrants
need not he
Uuder seal '

marie, to issue his warrant for the apprehension of the oi:
fender, directed to all sheriffs, coroners and constables
within the state; and it shall be the duty of any sheriff,
coroner or constable, into whose hands any such warrant
shall come, to execute the same within their respective
counties, and if the offender snail be found therein, to ar-
rest and convey such offender before the judge or justice
of the peace who issued the warrantor before some other
justice of the peace of the same county. Y\ hen any such
sheriff, coroner or constable, or other person called to the
assistance of such sheriff, coroner, or constable, shall be in
pursuit of any offender, having a warrant for the appre-
hension of such offender, and the offender shall cross the
line into the adjoining county, such sheriff, coroner, consta-
ble, or other person may pursue such offender into such ad-
joining county and make the arrest, as if such offender had
been found in the county of the officer in pursuit.

Sec. 8. Any judge or justice of the peace, issuing any
such warrant, may make an order thereon, authorizing a
person to be named in such warrant to execute the same,
and the person named in such order may execute such
warrant any where in the state, by apprehending and con-
veying such offender before the judge or justice issuing
such warrant, or before some other justice of the same
county, and all sheriffs, coroners, and constables,and others,
when required in their respective counties, to be aiding
and assisting in the execution of such warrant.

Sec. 9. Any person or persons, officer or officers, who
may have the custody of any offender or offenders, by vir-
tue of either of the two proceeding sections, may take or
carry such prisoner or prisoners into any other county
which may be situated on his or their way back to the
county from which the said prisoner or prisoners fled, and
may deposite such prisoner or prisoners in any jail on his
or their route, for safe custody for one night or more, as
occasion may require. Upon their arriving in the county
to which the prisoner or prisoners is or are sent under the
last preceding section, such officer or officers, person or
persons, shall deliver such prisoner or prisoners into the
custody of the sheriff or jailer, together with the warrant
of the said judge or justice, which shall be a sufficient
justification to the said sheriff or jailer to receive and de-
tain such prisoner or prisoners, until he, she or they ob-
tain bail, if the offence be bailable, or be otherwise dis-
charged by due course of law.

Sec 10. It shall not be necessary to the validity of any
warrant for tSc apprehension of any pei>on charged with
-an offence, or warrant of commitment, or search warrant*

CRIMINAL CODE. 173

that it be under the seal of the judge or justice of the
peace grautiug or issuing the same; but ever) such war-
rant under the hand of the judge or justice of the peace
shall be as valid in law as if a seal were affixed. And no
person shall be discharged on habeas corpus from his im-
prisonment merely by reason of any delect of legal preci-
sion, or want of technical form in the warrant of commit-
ment, but the court or judge awarding sueh habeas corpus
snail, in all such cases, proceed and determine as if the
minimus had all legal and technical form: Provided sum-
cient appear on the face of the mittimus to ascertain tor
what crime or offence such prisoner or prisoners shall
have been eommitted.

Sec. 1 1. It shall be lawful for any judge or justice of gearchwar,
the peace, upon complaint made before him upon oath or rants and pro-
affirmation, that a larceny has been committed, and that ceedinp
the person affirming or swearing does verily believe that
the stolen goods or other property, are or is concealed in
any dwelling house, out house, garden, yard or other place
or places, to issue a warrant under his hand, commanding
every such dwelling house, or place, to be searched in the
clay time; and if any of the goods described in any such war-
rant be found therein, then that the said goods be seized
and brought before the judge or justice issuing said war-
rant. If, upon examination of witnesses before the judge
or justice of the peace who issued said warrant, it shall be
determined by such judge or justice that the goods so
brought before .him have been stolen, it shall be the duty
of such judge or justice either to keep possession of, or
to deliver, or cause to be delivered, such goods to the
sheriff of the proper county, there to remain until the con-
viction of the thief, or the claimant's right be otherwise
legally ascertained. If the thief shall not be indicted at
the next circuit court after the goods shall be seized, and
an action shall not be commenced against the person or
persons in whose possession such goods shall have been
found, for the recovery thereof within one month after a
circuit court shall have been held after such seizure, the
said circuit court shall, at their next session, order such
Is to be re-delivered to the person in whose possession
they were found, which order shall be obeyed by the per-
son in whose possession such goods may at the time be. —
In case the judge or justice of the peace shall upon such
examination as aforesaid, determine that such goods so
seized had not been stolen, then the goods shall be imme-
dia(< !\ restored to the person fr )m whose possession they
were so taken.

Sec. l-\ All acts and parts of acts coming within "the

174

DEPOSITIONS*.

Acts repealed purview of this act are hereby repealed. This act to take
effect from and after the first day of July next.

[Approved, Jan* 6, 1827.]

Depositions
of no.'i m si
dent witnes-

DEPOSITIONS.

1° WZ7. JUne AN ACT regulating the mode of taking depositions, and fe
provide for the perpetuating of testimony*

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, Thai when the testimo-
ny of any non-resident witness or witnesses, shall be ne-
cessary in any civil cause depending in any court of law
or equity in this state, it shall be lawful for the party
wishing to use the same on giving to the adverse party, or
his attorney ten days1 previous notice, together with a co-
py of the interrogatories intended to be put to such wit-
ness or witnesses to sue out from the proper clerk's office
a dedimus potest* i turn, or commission, under the seal of the
court, directed to any number of persons, not exceeding
three, as commissioners, or to any judge or justice of the
peace of the county or city in which such witness or wit-
nesses may reside,authoriz*i! g and requiringhim or them to
cause such witness or witnesses to come before him or
them, at such time and place, as he or they may designate
and appoint, and faithfully to take his, her, or their depo-
sition or depositions, upon all such interrogatories as may
be enclosed with, or attached to said commission, both on
the part of the plaintiff and defendant, and none others,
and to certify the same when thus taken, together with the
said commission and interrogatories into the couri in which
such cause shall be depending, with the least possible de-
lay.

Sec. 2. When the testimony of any resident witness or
witnesses shall be necessary in any suit in chancery in this
state, it shall be lawful for the party wishing to use the
same to cause the deposition or depositions of such witness
or witnesses, to be taken before any justice of the peace,
or clerk of the circuit or county commissioners' court of
the county wherein such witness or witnesses shall reside
without being required to st-e out a commission or to file in*
terrogatories for such purpose, on giving to the adverse
party or his attorney reasonable notice of the time and
place of taking the same. And it shall also be lawful,
upon satisfactory affidavit being filed, to take the deposi-
tions of witnesses residing in this state, to be read in suit?

Of res'ulent
tritne3ses

DEPOSITIONS. 115

at law in like manner as is above provided in all cases
Where sin i witness or witnesses shall reside in a different
*ouuty from that in which the court shall be held, is or are
about to depart from the state, is or are confined in jail on
legal process; or is or are unable to attend, such court
on account of advanced age, sickness or other bodily in-
firmity: Provided, that such reasonable notice shall be in-
tended to mean at least ten days, in all cases, and one day
in addition thereto, (Sundays inclusive) for every thirty
miles travel, from the place of holding the court, to the
place where such deposition or depositions shall be taken.

Sec. 3. Previous to the examination of any witness Oath of wit*
whose deposition is about to be taken as aforesaid, he or neS5es
ihe shall be sworn (or affirmed) by the person or persons
authorized to take the same, to testify the truth in relation
to the matter in controversy, so far as he or she may be
interrogated; whereupon the said commissioner or com-
missioners, judge, justice of the peace or clerk, (as the
case may be) shall proceed to examine such witness upon
all such interrogatories as may be enclosed with, or at-
tached to any such commission as aforesaid, and which
are directed to be put to such witness, or where no com-
mission shall be necessary, upon all such interrogatories
as may be directed to be put by either party litigant, and
shall cause such interrogatories, together with the answers
of ihe witnesses thereto, to be reduced to writing in the
order in which they shall be proposed and answered, and
signed by such witness. After which it shall be the duty
of the person or persons taking such deposition, to annex ^j°'&^1
at the foot thereof, a certificate subscribed by himself, or
themselves, stating that it was sworn to and signed by toe
deponent; and the time and place, when and where
the same was taken. And every such deposition,
when thus taken and suhs< ribed, and all exhibit^ pro-
duced to the said commissioner or commissioner?, judge,
justice of the peace or clerk as aforesaid, or which shall
beproved or referred io by any witness, together with the
commission and interrogatories, if any shall be enclosed,
sealed up and directed to the clerk of the court in which
the action shall be pending, with the names of the parties
litigant endorsed thereon: Provided, that when any depo-
sition shall betaken as aforesaid, by any judge or justice
of the peace out of this state, such return shall be accom-
panied by a certificate of his official character under the
great seal of state, or under the seal of the proper court
of record of the county or city wherein such deposition
sjiall be taken.

.Sec. 4. Every examination and deposition which shall

How re tarn*

1*6 DEPOSITIONS.

May be read ))e taken and returned, according to the provisions of thin

' eM e e act, may be read as good and competent evidence, in the

cause in which it shall be taken, as if such witness had

been present and examined by parol in open court on

the hearing or trial thereof.

Sec. 5. Erich and every commissioner or commission-
Commission- ers, judge, justice of the peace, or clerk of the circuit or
de- ositions county commissioners' court, who may at any time be re-
quired to take depositions, in any cause pending in any
of the courts of law or equity in this state; or by virtue
of any commission issued out of any court of record in
any other state or territory, shall have power and authori-
ty to issue subpoenas if necessary, to compel the atten-
dance of all such witnesses, as shall be named in the commis-
sion, or by the parties litigant,where no commission is neces-
sary in the same manner and under the same penalties as
is prescribed in other cases, where witnesses are directed
to be subpcened.

Sec. 6. Every witness attending before any commis-
Compensatlon sioner, judge, justice of the peace, or clerk as aforesaid,
at witnesses ±0 oe examined as aforesaid, shall be entitled to a com-
pensation for his time and attendance, and travelling ex-
penses, at the sjime rate as for the time being, is or shall
be allowed by law to witnesses attending courts of record
in this state; and the party requiring such examination
shall pay the expenses thereof, but may if successful in
the suit, be allowed for the same in the taxation of costs.
Sec. 7. The party, his attorney or any person who shall
fnformaiity in any wise be interested in the event of the suit, shall not
•fcatwilt be be permitted to dictate, write or draw up any deposition,
or depositions which may at any time, be taken under
this act; and every deposition so dictated, written or
drawn up, or that shall be returned to the court
unsealed, or the seal of which shall be broken, shall be
rejected by the court as informal and insufficient: Provi-
ded, such seal shall have been broken previous to its recep-
tion by the clerk, to whom it shall be directed.

Sec. 8. It shall not be lawful for any part) litigant or

the clerk of the courts into which any deposition ma\ be

Seals not to returned as aforesaid, to break the seal of the same, eith-

&e broken . . . 7 . , . . -

er in term time, or in vacation, unless nv the permission of
the court. And if any such person or cleric, shall pre-
sume to open any such deposition, when taken and return-
ed as aforesaid, without such permission as aforesaid, he
shall be considered guilty of a contempt of court, and may-
be punished accordingly: Provirfed, that it shall not be
considered an offence for the clerk to break open any
such deposition as aforesaid, where it is doubtful from the

DEPOSITIONS. 177

endorsements made thereon, whether the same be a de-
position or not; but in such case, it shall not he proper for
such clerk to permit any person to examine any deposition,
which may he thus opened by mistake, until permission
shall have been first given by the court as aforesaid.

Sec. 9. All depositions taken in pursuance of this act Jg^Jfo
when returned into court, may be read by either party, evidence
on the trial of the causes to which they relate.

Sec. 1 0. In all cases hereafter, where any person or per-
sons shall desire to perpetuate the remembrance of any Pfpetanting
fact, matter or thing, which may relate to the boundaries
or improvements of lands, name, or former name of water
courses; the name or former name of any portion or district
of country, regarding the ancient customs, laws or usages
of the inhabitants of this country, as far as the same may
relate to the future settlement of land claims, or touching
the marriage or pedigree of any person or persons, or in
relation to the title to slaves or servants, or anv other mat-
ter or thing, necessary to the security of any estate, real
or personal, or mixed, or any private right whatever; it
shall he lawful for such person or persons, upon filing a
petition supported by affidavit, in the circuit court of the
proper county, setting forth particularly the fact or facts,
intended to be established; to sue out from such court a
dedimus potestatum, or commission, directed to anv two jus-
tices of the peace, or to any clerk of the circuit or county
commissioners' court of the county wlferein such testimo-
ny is to be taken, and may thereupon proceed to take such
deposition or depositions, as shall be prayed for in said pe-
tition.

Sec 1 1. It shall be the duty of the person or persons, „ .
auing out such dedimus as aforesaid, before proceeding to gjven ;n sach
take such deposition as aforesaid, to give at least four cr»sca
weeks previous notice of the time and place when and
where the same is to be taken, together with a copy of the
petition annexed thereto, to each and every person who
may be known to be interested in the subject matter of
such deposition, or to his, her or their attorney, or in case
the person be -a fane covert, to her husband; or if a minor
or minors to his, her or their guardian or guardians; or
if such guardian or guardians should be interested, to
such guardian or guardians as shall be appointed by the
court, to defend the interests of such infant or infants; or
in lieu of such written notice as aforesaid, such petitioner
or petitioners, shall cause a notice in form as aforesaid,
with a copy of the petition thereto annexed as aforesaid,
a<! Iressed to such persons as may be known to he i ate res-
led as aforesaid, as well as to all others whom it may cor> '
23

17Z DEPOSITIONS.

cern, to be published for four weeks successively in som£
public newspaper printed in this state, at least eight weeks
previous to the day of taking such depo:?ition or deposi-
tions.

Sec. 12. The said justices of the peace, or clerk as
tjS?tS aforesaid, shall attend at the time and place appointed*
and c <ssex- where each and every person who may think himself or
totine herself interested in the deposition about to l>c taken, may

attend by themselves or attorneys, and may examine and
cross examine such deponent or deponents; and all such
questions as may be prop< sed, together with the answers
thereto by the witness, shall be reduced to writing in tne
E; gljsh language, or in' the language of the witness: (Pro-
tiried, he or she shall not understand English) as near as
possible, in the exact words of such deponent, which said
questions and answers, when reduced to writing as afore--
said, shall be distinctly read over to the witness; and if
found to be correct, shall be signed by him or her, in the
presence of the said justices, (or clerk as the case may be,)
who shall thereupon administer an oath or affirmation to
such witness, as to the truth of the deposition, so taken as
aforesaid, and shall annex at the foot thereof a certificate
subscribed by himselforthemselves,stating that it was sworn
to, and signed by the deponent, and the time and place,
w hen and where the same was taken; and all such depo-
sitions when thus taken, shall be carefully sealed up, aid
transmitted to the Herk of the circuit court of the county
from w!>ich such dedimusshallhavebeen issued, within thir-
ty days from the time of taking 1 he same; who shall thereup-
on enter the same at large upon the records in his office,
and shall certify on the back of such deposition that the
same has been duly recorded, and return it to the per-
son or persons for whose benefit it shall have been taken.
Sec. 13. All depositions taken in manner and form as is
Such testimo. provided in the two foregoing sections, or a duly certified
tem! m case copy ot the record ot any such deposition, may in case <>r
ottheittath the death of any such deponent, or in case of inability to
biiuVot del g^ve testimony, in consequence of his, her or their ins ■ n
jxment ty or imbecility of mind or body, or where such witness

shall be rendered incompetent by judgment of law, or in
the event of his, her or their removal, so that their testi-
mony cannot be obtained in the ordinary way on trial,
may he used as evidence in any cause to which the same
may relate: ProvvJed, that nothing herein contained, shall
be so construed as to prevent any legal exception being
made and allowed, to the reading of an\ such deposition, in
any trial at law or in equity, in which the same may be in-
troduced as evidence.

DETTNUE. 173

Sec. 14. The act entitled "an act regnlatine the man-
ner of taking depositions,1' approved February 1 9th, 18 19; ^repeated
the act entitled "an act regulating the mode of taking de-
positions," approved January 3lst, 1821; the act entitled
"an act to amend an act regulating the mode of taking
depositions, approved January 3lst, 1821," approved Fe-
bruary 10th, 1223; and also, the act entitled "an act di-
recting the mode of perpetuating testimony," approved
February 25th, 1819; and particularly sections 17, 18, 19,
20,21,22, 23, 24 and 25 of the act entitled "an act to
prescribe the mode of proceedi; gin chancery," approved
January 26th, 1827; as well as all other acts and parts of
acts, which shall come within the purview of, or be repug-
nant to, this act, be, and the same are hereby repealed:
Provided, that nothing in this act contained, shall be so
construed as to affect any deposition heretofore taken in
conformity with the existing taws; or to affect any depo-
sition which may be hereafter taken, upon interrogatories
now filed, or which may be filed before this act takes ef-
fect, or where notices have been, or may hereafter be given
for such purpose so long as the existing laws upon that
subject shall remain in force.

This act to take effect from and after the first day of
June next.

[Approved, 9th Feb. 1827.]

DETINUE.

AN ACT concerning the action of Detinue. 6, i&jz

Sec 1. Be it enacted by the People of the State of Illinois, Jfjjgg;
represented in the General Assembly, That in all actions of fore a capia*g
detinue, where the plaintiff shall file in the office of the in detinue c»&
clerk of the court in which such action is to be commen- 13slle
ced, an affidavit on the oath or affirmation of the plaintiff,
or some other credible person, staling that the property,
to recover which such action is about to be commenced,
is the property of the plaintiff, stating the value thereof,
and that the defendant unlawfully detains the same, the
clerk shall issue a writ of cafia# in detinue, and endorse
the amount so sworn to, and direct the sheriff to take bail
in double that sum.

Sec 2. It shall be the duty of any sheriff to whom a ^^.^ {q
writ of orpins in detinue shall be directed to lake the body take the body
of the defendant and commit him to the common jail of ^jJ^JJf
the county, unless he shall enter into a bond to the plain- bond

480

DIVORCES.

Sheriff's lia-
biht\ for im-
proper return

Bond when
forfeited, re-
medy there-
on

Bail, court
may r.-duce
the amount

Procredings
in detinue

tiff, conditioned that if judgment shall be rendered in sucL
action against him, he will deliver to the plaintiff the pro-
perty which shall he thereby recovered, and pay all da-
mages which shall be assessed for the detention thereof,
and costs of suit, the sheriff shall return such bond with
the writ, as in other cases.

Sec. 3. If any sheriff shall return any such writ execut-
ed, and shall not have the body of the defendant according
to the command of the writ, or return a bond, as is pro-
vided in the preceding section, or the bond returned shall
be adjudged insufficient by the court, and the defendant
shall fail to perfect his bail if ruled thereto, the sheriff shall
be made a co-defendant and may defend the suit upon the
pleas of the defendant, and shall be subject to the same
judgment and recovery as the defendant, and be joined
therein. All questions concerning the sufficiency of such
bond shall be determined during the return term.

Sec. 4. When any bond as aforesaid shall be forfeited,
the plaintiff shall have the same remedy against the bail^
and the bail shall have the same remedy against the prin-
cipal, and the sheriff, when made a co-defendant, shall
have the same remedy against the principal and bail as is
or may be provided by law in cases of bail in other civil
causes, and the same proceedings shall be had thereon-

Sec 5. Any court out of which any writ as aforesaid
shall issue, or any judge thereof in vacation may reduce
the sum for which bail is demanded: and the court may
accept the surrender of the defendant and cancel such
bond in the same manner, for the like causes, and .with
the like effect as in other cases of bail in civil actions.

Sec 6. All actions commenced in manner aforesaid
shall be conducted and proceeded on in all things accord-
ing to the principles and usages of law in actions of deti-
nue. If any verdict for the plaintiff shall omit the price,
or value or damages for detention, the court may at any
time award an enquiry to ascertain the same.

[Approved, J an. C, 1827.]

In force Jan.
12, 1827

Fraudulent
marri.Hges de
dared void

DIVORCES.

AN ACT amending the law concerning Divorcer

Sec 1. Be it enacted by the People of the State of Illinois
represented in the General Assnnbly, That all marriages,
where either of the parlies had a former husband or wife
living at the time of solemnizing the last marriage, shal*

DIVORCES. 181

be void; and any woman or maiden, who shall be duped*
or deceived into such subsequent marriage, s 1 1 m 11 be re-
stored to all the rights she would have had, if such mar-
Tin ge had not taken place, and may sue for and recover
damages for such fraud, as in cases of breach of marriage
contract.

Sec. 2. When any divorce shall hereafter be granted
for any cause, the court before which the same shall be
tried, If the person applying, being a female, shall be poor without costs
and unable to pay costs, shall direct that no costs shall be in
taxed against such person, or charged for printing the
notice: Provided, such person shall publish her notice in
the paper published by the public printer.

[J pp roved, Jan. 12, 1.827,1

Fema'es to
lie flivo; eed

ses

AN ACT concerning Divorces. \n fZle June

1S27

Sec. 1. Be it enacted by the People of the State of Illinois, Divorces may"
represented in the General Assembly, That whenever a mar- be granted ■
riage lias been, or hereafter may be contracted and so-
lemnized between any two persons, and it shall be ad-
judged in the manner hereinafter provided, that either
party, at the time of such marriage, was, and continues
to be naturally impotent, or that he or she had a wife or
husband living at the time of such marriage, or that eith-
er party has committed adultery subsequently to the mar-
riage, or wilfully deserts and absents himself or herself
from the husband or wife, without any reasonable cause,
for the space of two years, and for extreme and repeated
cruelty, or habitual drunkenness for the space of two years,
in every such case it shall be lawful for the injured party
to obtain a divorce and dissolution of such marriage con-
tract; but no such divorce shall in any wise affect the legi-
timacy of the children of such marriage, except in cases
where the marriage shall be declared void on the grounds
of a prior marriage: Provided, that any wilful desertion .
and absence which may have happened before this act
takes effect shall be computed part of the two years ab-
sence and desertion, provided for in this act.

Sec. 2. The circuit court, sitting as a court of chance- Circuit eowg
ry shall have jurisdiction in all cases of divorce and all- j? h.*ve JuriJ'
mony by this act allowed; and the like process, practice ^nu0 suc
and proceedings shall be had, as are usually had in other
cases in chancery, except as is hereinafter provided, and
ept that the answer of the defendant need not be on
oath. The proceedings Bhail bo had in the county where

DIVORCES.

Residence of
comuluntant
vhat necessa
ty

Collusion of
complainant,

Alimony,
when allowed

"Females may
troe, &c.

the complainant resides, and the process may he directed
to am county in the state.

Sec. 3. No person shall be entitled to a divorce in pur-
suance of the provisions of this art, who has not resided in
the state one whole year previous to fillip his or her bill
or petition, unless the offence or injury complained of,
was committed within this state, or whilst one or both of
the parties resided in this state.

Sec 4. If it shall appear to the satisfaction of the court
that the injury complained of was occasioned by collusion
of the parties, or done with the assent of the complainant for
the purpose of obtaining a divorce, or that the complain-
ant was consenting thereto, or that both parties have been
guilty of adultery, when adultery is the ground of com*
plai. t, then no divorce shall be decreed.

Sec 5. In all cases for a divorce, where the defendant
shall appear and deny the charges in the complainant's
bill or petition alleged, the same shall be tried by a jury;
"but if the bill or petition shall be taken for confessed, the
court may proceed to a hearing of the cause, by examin-
ation of witnesses in open court, and no confession of the
defendant shall be taken as evidence, unless the court or
jury shall be satisfied that such confession was made in
sincerity, and without fraud or collusion, to enable the
complainant to obtain a divorce. But any marriage which
may have been celebrated or had in any foreign state or
country may be proved by the acknowledgment of the
parties, their co-habitation and other circumstantial testi-
mony.

Sec 6. When a divorce shall be decreed, it shall and
may be lawful for the court to make such order, touching
the alimony and maintenance of the wife, the care, custo-
dy and support of the children, or any of them, as from
the circumstances of the parties and the nature of the
case, shall be fit, reasonable, and just. And in case the
wife be complainant, to order the defendant to give rea-
sonable security for such alimony and maintenance, or may
enforce the payment of such alimony and maintenance in
any other manner consistent with the? rules and practice
of the court. And the court may, on application, from
time to time make such alterations in the allowance of
alimony and maintenance as shall appear reasonable and
proper.

Sec 7. Any woman suing for a divorce, who shall make
it appear satisfactory to tUc. court, that she is poor and un-
able to pay the expenses of such suit, shall be allowed by
the court to prosecute her complaint without costs, and
in such cases, no fees shall be charged by the officers of

DOWER. 183

*#\e court. AH acts heretofore passed on the subject of
divorces, are by this act repealed.

This act to take effect on the first day of June next.

[Approved", Jan. 31, 1827.]

DOWER.

A .IV ACT for the speech/ assignment of Dower, and Partition
of Real Estate.

In force .TucS
1* 185*7.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly. That when the heir or Heir, &c re*
otner person, having the next immediate estate of free- *««ng to a**
hold or inheritance, shall not wilhin one month next after 8lgn ower
demand made, assign and set over to the widow of the de-
ceased to her satisfaction, her dower in, and to all lands,
tenements and hereditaments, whereof by law she is or
may be dowable, according to the true intendment of law,
then such widow may sue for, and recover the same, in
the manner hereafter prescribed, against such heir or
other person having the next immediate estate of freehold
or inheritance, or tenant in possession, or other person or
persons claiming right or possession in said estate.

Sec. 2. Every widow claiming dower, may file her pe- Petition
tition in the circuit court of the county against the parties
aforesaid, stating their names if known, setting forth the
nature of her claim, and particularly specifying the lands,
tenements, and hereditaments, in which she claims dow-
er, and praying that the same may be allowed to her, and
the clerk shall thereupon issue a summons to the parties to summons
appear at the next term of the said court, to answer the
complaint, which shall be served by the sheriff as other
writs and process. If the parties be unknown, or do not
reside in the countv, said clerk shall cause an advertise-
ment to be inserted in the nearest newspaper, printed in
this state, to said premises, for four weeks successively, ^*atioQO?
notifying said parties, that such petition is filed, and requir-
ing them or any of them, to appear at the next term of the
circuit court, and shew cause why such dower should not
be assigned; and which publication shall be deemed due
notice; and the parties aforesaid, or any other person in-
terested therein, may appear and contest the widow's right
to dower.

Sec. 3. In all cases where the claim of the widow to Appearancf-
dow( rmav be contested, the parties contesting the same
shall be required to enter their appearance to the action.

184

DOWER.

Guardian ad
litem lor mi-
nors

Judgment

Not to com-
mit waste

Damages for
waste

Writ ot pos-
session

And <la mages
to b • awarded
"he widow

and the court shall thereupon proceed to try the causey
or direct an issue for that purpose, as the circumstances
of the case mav require.

Sec. 4. Where any of the parties defendants are minors
and under age, and without guardians, the court shall ap-
point guardians ad litem for such minors.

Sec. 5. Inhere the court adjudges that the widow shall
recover dower, it shall be so entered of record, together
with a description of the land out of which she is to he
endowed; and said court shall thereupon appoint three
commissioners, not connected with any of the parties,
eitlier by consanguinity or affinity, and entirely disinter-
ested, each of whom shall take the following oath, to be
administered by the court, or some justice of the peace:
"I do solemnly swear, that 1 will fairly and impartially al-
lot and .setoff to A B. widow of C. D. her dower, out of
the lands and tenements described in the order of the
court for that purpose, if the same can he made consistent
with the interest of the estate, according to the best of
my judgment, so help me God."1 Anfl said commissioners
shall set off and allot to said widow her dower by metes and
bou ids, according to quality, and quantity, of all the
lands, tenements and hereditaments described in said or-
der of court: Provided, the widow shall have the home-
steader dwelling house of the husband, if she desire it 5
and make return in writing under their hands and seals
to said court; which if approved by said court, shall vest
in her an estate in the lands and tenements so setoff and
allotted to her, for and during her natural life. .

Sec. 6. No woman that shall be endowed of any hinds,
tenements and hereditaments shall wantonly or designedly
commit or suffer any waste thereon, on penalty of forfeit-
ing that part of the estate whereupon such waste shall be
made, to him or them that have the immediate estate of
freehold or*inheritance in remainder or reversion, (and in
ense of negligent or inadvertent waste,) by her done or suf-
fered, the damages that may be assesssed for such waste,
to be recovered by action of waste.

Sec. 7. Where a widow has claim to dower in lands
lying in different counties, she mav proceed in the cireuit
court of the county where the lands lies and make recove-
ry in the manner as is herein directed; and in all cases
where the report assigning dower shall be approved, the
court shall forthwith cause the widow to have possession
by a writdirected to the sheriff for that purpose, and such
widow shall also be entitled to reasonable damages to be
awarded her from the time of her demand and refu-al
to assign her, her reasonable dower; which may be assessed

DOWER. m

by the court, or a jury if required, shall be empannellco*
for that purpose, and execution may issue therefor.

Sec. 8. The widow may in all cases retain the full pos-
session of the dwelling house, in which her husband most JVid°wto

n i i r \ • 1 ii haVt. the

usually dwelt next before his death, together with the out dwelling
houses and plantation thereto belonging, free from mo- houae
testation and rent until her dower be assigned.

Sec. 9. If the commissioners aforesaid shall report that , , , ,

ai i i . • , , r i- - • Land not SU>-

tlie lands or other estate, is not susceptible of a division, ceptibie of
without great injury thereto, a jury shall be einpannelled ^'sion
to enquire of the yearly value of the widow's dower there*
in, and shall assess the same accordingly; and the court
shall thereupon render a judgment that there be paid to
such widow as an allowance in lieu of dower, on a day
therein named, the sum so assessed as the yearly value of
her dower, and the like sum on the same day in every
year thereafter, during her natural life; and such jury
shall moreover, if the same has not been done, assess the
damages which may have accrued, down to the time of
rendering the verdict.

Sec. 10. Heirs, or if under age, their guardians, or any Heirs,
other persons interested in lands, tenements, or heredita- for assign!!011
ments, may also petition the court to have the widow's mentor dow-
dower assigned, which shall be proceeded in, in the same er
manner as is prescribed in other cases.

Sec. 11. If any woman shall be divorced from her hus- How^yorce
band, for the fault or misconduct of such husband, except shall effect
where the marriage was void from the beginning, shedowep
shall not thereby loose her dower; but if such divorce be
for her fault or misconduct, she shall forfeit her dower; and
where a divorce is obtained for the fault and misconduct
of the husband, he shall lose his right to be tenant by the
curtesy in the wife's lands.

Sec. 12. If a wife voluntarily leave her husband and Aduiteryin
commit adultery, she shall be forever barred her dower, wite
unless her husband be voluntarily reconciled to her, and
suffer her to dwell with him.

Sec. 13. When any person, by last will and testament, Joint tenanta
shall devise hisorher real estate, orany part thereof, to two ..,:.- p umn
or more devisees, not ascertaining the metes and bounda- »'-^! virion
ries of each devisee's share, and their shares be undivided,
such devisees or any of them, and should they or any of
them be under age, their guardian or guardians, may ap-
ply to the circuit court of the county where the whole of
the lands, or a part thereof may lie, by petition in writing;
and said court may order a division thereof to be made
agreeably to the true intent and meaning of said last will
and testament; and said ccurt shall appoint three com-
24

1&6

DOW?R.

Coparceners
On* tenants in

common

Entitled to a
division

Notice to all

Lands not sua
cep ;ble ot di-
vision

To be sold

IHt<!«i oners, not connected with any of the parties, either
by consanguinity or affinity, and entire!) disinterested;
each of whom shall take an oath before the court, or
Some justice of the peace, fairlv and impartially to
make partition of said lands, if the same can be done con-
sistently with the interest of the estae: and the said com-
missioners shall go upon the premises and make partition
of said lands, tenements and hereditaments, assigning to
each devisee his or her share, by metes and bounds, ad
shall m 'ke report of their proceedings to the next term of
the circuit court; which report, if approved by said court,
shall be entered of record, and shall be conclusive to all
parties concerned.

Sec. 14. Where the real estate of any person dying in-
testate, shall descend to two or more children, or other
heirs of the intestate, and the same be not divided, or
where two or more persons, proprietors of any tract or
tracts of lands, tenements or hereditaments, within this
state are desirous of having the same divided, the circuit
court on application, by petition, may order and direct a
division of such lands, tenements, or hereditaments, agree-
ably to the law of descents, where the lands arc claimed
by descent, or agreeably to the rights of the parties, pro-
prietors and owners aforesaid, by metes and bounds, and
shall thereupon appoint three commissioners, who shall
make par 'ition, and return their proceedings under their
hands and seals, as is prescribed in the previous section of
this act; and which report, if approved by said court,
shall be recorded as in case of devisees, and shall be con-
clusive on all parties concerned.

Sec. 15. All devisees, heirs, or owners of lands, tene-
ments or hereditaments as aforesaid, or the guardians of
such as are under age, not applying for such division, (and
if any heir, devisee or owner, be under age, and without
a guardian, the court shall appoint a guardian ad litem for
such minor,) shall have notice of the application for such
partition, by summons dul; served, or by advertisement,
to be published for four weeks in the nearest newspaper
to the premises, printed in this state.

Sec. 16. Where any lands, houses, or lots, arc so cir-
cumstanced, that a division thereof cannot be made with-
out manifest prejudice to the proprietors of the same, and
the commissioners appointed to divide the same, shall so
report to the court; the court shall thereupon give an or-
der to said commissioners or other person or persons, to
sell such lands, houses and lots, or houses and lots at pub-
lic vendue, upon such terms, and by giving notice of sale,
as the court shall direct, and who shall make and execute.

ELECTIONS. 18?

good and sufficient conveyance or conveyance to the pur-
chaser or purchasers thereof; which shall operate as an
effectual har, both in law and equity against such owners or
proprietors, and all persons claiming under them; and the
moneys arising therefrom, to pay to the owners or proprietors And m<me«
of such houses and lots, their guardians or legal representa- paid to ths
tives, as shall be directed by said court. The court to owner*
make such order in relation to costs as shall seem right.

Sec. 17. An act for the speedy assignment of dower, ^ctrtpeateij
approved February 12, 1819, and an act for the partition
of lands, approved February 20th, 1819, be and the same
are hereby repealed.

Sec. 13. The commissioners to be appointed under Compensator
this act shall be allowed as a compensation for their ser- 8l>0ne"rjm'*"L
vices, one dollar per day each, to be taxed as oth-
er costs. This act to take effect on the first day of June
next; but rights acquired under those acts are not affect-
ed bv this act«

[Approved^ Feb. 6, 1827.]

ELECTIONS.

AN ACT to amend the act regulating Elections. fj0™ Fet'

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the county com- County com*,
missioners' courts of the several counties in this state, are ™ay'?ncrea«e
hereby empowered to increase the election precincts of the number
their respective counties for the election of members of the of precincts ,
general assembly and other officers, to six, under the re-
strictions of the act to which this is an amendment.

Sec 2. There shall be appointed at the present session JusllceSQf
of the general assembly, in the mode prescribed by the the peace
"Act regulating the manner of appointing jus- ices of the appointed
peace," approved February 19, 1819, a suitable number
of justices of the peace for the several counties created at
the present session of the general assembly; any law to
the contrary notwithstanding.

Sec. 3. Where any new county has been created atWhentoact
the present session of the generel assembly, and there for new conn.,
shall be residing in such new county, persons now in the t,e3
commission of justice of the peace', they shall exercise
within such county the same jurisdiction, as though they
had been commissioned for such new county, until they
are succeeded by election.

[4pprvced>Feb. 9,1827.]

186 ELECTIONS.

In force Jan. AN ACT directing the mode of electing Electors of President
n> i8*27 and Vice President of the United States,

Sec. 1 • Be it enacted by the People of the State of Illinois

represented in the General Assembly, That there shall be

Electors to be tested, by general ticket, on the first Monday in Novem-

chose;, by ber, one thousand eight hundred and twenty-eight* and on

general ticket the firgt jyjon(|ay ^November, quadriennially thereafter,

as many electors of President and Vice President of the

United States, as this state may be entitled to elect, which

election shall be conducted, and returns thereof made, in

all respects, in the manner prescribed for the election of

governor.

Sec 2. The clerks of the several county commissioners*
Clerk's duty courts shall, within fifteen days next after holding an elec-
wbentomake tion, for electors as aforesaid, send by express, to the se-

returns to the P , , ' J ' ,* ' i t *.

gecretnn of cretary of state, an abstract of the returns ot said election,
states' office Immediately after the said returns shall have been made,
the secretary of state, auditor of public accounts and trea-
surer, or any two of them shall, in the presence of the go-
vernor, or person administering the government, proceed
to open and canvass said election returns, and to declare
the persons having the highest number of votes elected;
but should any two or more persons be returned, with an
equal and the highest vote, the said secretary, auditor and
treasurer, or any two of them, shall in the presence of the
governor, or person administering the government, decide
by lot which of the persons so equal and highest, shall be
elected.

Sec. 3. The governor, or person administering the gov-

Resuit of the ernment, shall cause the result of said election to be pub-

cla^!^° be lished in the paper printed by the public printer, and

transmit by express, to the persons elected, certificates

of their election.

Sec 4. There shall be paid to said expresses oat of the
treasury, on the warrant of the auditor, mileage at the rate
of ten cents per mile for bringing said returns to the seat
of government, or for carrying a certificate of election to
an elector. The secretary of state shall certify to the au-
ditor how much each express shall be entitled to for ser-
vices rendered under this act.

Sec. b. Tin; electors chosen as aforesaid, shall met at
neetauhe f'1(- 8eat of government of this state, at the time appoint-
■eai of gov- ed by the laws of the United States, and give their votes
ernment jn ^iG manner therein provided :„ and perform such duties
as are or may be required by law. Each elector shall re-
ceive for every twenty miles necessary travel in going to
*he seat of government to give his vote, and in returning

ESTRAYS, &c. 189

to his residence, to be computed by the most usual route, Their com.
the sum of three dollars, to be paid oa the warrant of the l)ei,Sd on
auditor, out of any money in the treasury, not otherwise
appropriated. All prior acts on the subject of the elec- Acts repealed
tion of electors of President and Vice President of the
United States are hereby repealed.

[Approved, Jan. 1 i , 1 827.]

ESTRAYS, &c.

AY ACT concerning water crafts found adrift, lost goods, £Jjgg? Juae
and estray animals.

Sec. 1. Be it enacted by the People of the State of Illinois,
7cp resented in the General Assembly, That if any person or
i mis shall hereafter stop or take up any keel or flat boat, n,lt.r o[ per-
ferry flat, batteau, perogue, canoe, or other vessel, or wa- ^atVrlsraft?*
ter craft found adrift on any water course within the limits
or upon the borders of this state, and the same shall be of
the value of five dollars, or upwards, including her cargo,
tackle, rigging and other appendages, it shall be the duty
of such person or persons, within five days thereafter, (pro-
vided the same shall not have been previously proven and
restored to the owner,) to go before some justice of the
peace of the proper county, and make affidavit in writing,
setting forth the exact description of such vessel or craft,
when and where the same was found, whether any, and if
so, what cargo, tackle, rigging, or other appendage, was
found on board, or attached thereto, and that the same
has not been altered or defaced, either in the whole or in
part, since the taking up, either by him, her or them, or
b\ any other person or persons, to his, her or their know-
ledge. And the said justice shall thereupon issue his war-
rant, directed to some constable of his township, com-
manding him forthwith to summon three respectable
householders of the neighborhood, if they cannot other-
wise be had, whose duty it shall be to proceed without de-
1 in to examine and appraise such boat or vessel, her cargo,
tackle, rigging and all other appendages as aforesaid, and
to make report thereof, under their hands and seals,to the
justice issuing such warrant as aforesaid, who shall enter
the same together with the affidavit of the taker up at
lai ge in his estray book; and it shall be the further duly of
such justice, within ten days after the said proceedings
shall have been entered on his estraj book as aforesaid, to
tra: rtined copy thereof to the clerk orHhe coun-

190 ESTRAYS, &c

ty commissioners' court of the proper county, to be by him
recorded in his estray book, and hie the same in his of-
fice.
Boats, &c. ^ec 2' 'n a^ cases where the appraisement of any

wh -ii taken such boat or vessel, including her cargo, tackle, rigging,
J?L!db&Td- and other appendages as aforesaid, shall not exceed the
verttsed sura of twenty dollars, the taker up shall advertise the

same on the door of the court house, and in three other of
the most public places in the county, within ten days after
the justice's said certificate shall have been entered on
the records of the county commissioners' court, and if no
person shall appear, to claim and prove such boat or ves-
sel within six months from the time of the taking up as
aforesaid, the property in the same, shall vest in the taker
up, but if the value thereof shall exceed the sum of twen-
ty dollars, it shall be the duty of the clerk of the county
commissioners' court, within twenty days from the time of
the reception of the justice's said certificate at his office,
to cause an advertisement to be set up on the door of the
court house, and at three other of the most public places
in the county, and also a notice thereof to be published for
three weeks successively, in some public newspaper prin-
ted in this state. And if the said boat or vessel be not
And Jf not claimed and proven within ninety days after the ad ver-
ciamied how tisement of the same as aforesaid, it shall be the duty of
the taker up to deliver the same to the sheriff of the coun-
ty wherein such boat or vessel may have been so taken up,
who shall thereupon proceed to sell the same at public
auction, to the highest bidder for ready money, having
first given fifteen days' notice of the time and place of sale;
and the proceeds of all such sales, after deducting the costs,
and other necessary expenses, shall be paid into the coun-
ty treasury.

Sec. 3. If any person or persons shall hereafter find any
Lost goods & lost goods, money, bank notes, or other choses in action, of
Eo°w^opn£eP an}T description whatever, of the value of five dollars and
seed upwards, it shall be the duty of such person or persons, to

inform the owner thereof, if known, and to make restitu-
tion of the same, without any compensation whatever, ex-
cept the same shall be voluntarily given on the part of the
owner; but if the owner be unknown, such person or per-
sons shall within five days after such finding as aforesaid,
take such goods, money, banknotes, or other choses in ac-
tion before some justice of the peace of the proper county
and make affidavit of the description thereof, the time and
pi tre, when and where the same was found, that noalter-
ati hi had been made in the appearance thereof since the
finding of the same, whereupon the justice shall enter a

ESTRAYS, &c. M

description ofthe property thus found and the value there-
of as near as he can ascertain, in his estray hook, together
with the aifi lavit ofthe finder, to he taken as aforesaid;
and shall also within ten days after the said proceedings
shall have been entered on his estray book as aforesaid,
transmit to the clerk of the county commissioners' court,
a certified copy thereof, to be by him recorded in his es-
tray book, and to tile the same in his office.

Sec. 4. In all cases where such lost goods, money, bank Where the
notes, or other choses in action, shall not exceed the sum *™°°°' (t^c9
of fifteen dollars in value, it shall be the duty of the finder $15
to advertise the same on the door ofthe court house, and
in three other ofthe most public places in the county, and
if no person shall appear to claim and prove such money,
good*, bank notes, or other choses in action, within twelve
months from the time of such advertisement, the ri^ht to
such property, wiere the same shall consist in goods, mo-
ney or bank notes, shall be vested in the finder: but if the w.
value thereof shall exceed the sum of fifteen dollars, it Mnonntei*
shall be the duty ofthe clerk of the county commissioners' ceedsjs.^
eourt, within twenty days from the time ofthe reception
of the justice's said certificate at his office, to cause an ad-
vertisement to be set up on the court house door, and in
three other of the most public places in the county, and
also a notice thereof to be published for three weeks suc-
cessively in some public newspapei printed in this state;
and if the said goods, money, bank notes, or other choses
in action, be not reclaimed within six months after the
advertisement thereof as aforesaid, it shall be the duty of
the finder, if the property shall consist in money or bank
notes, to deliver the same to the county treasurer, after
deducting the necessary expenses, hereinafter provided
for: if in bonds, bills, notes of hand, patents, deeds of con-
veyance, articles of apprenticeship, mortgages, or other
instruments of value, the same shall be delivered to the
clerk ofthe county commissioners' court, to be preserved
in his office, for the benefit ofthe owner whenever legal
application shall be made therefor; if in goods, wares or
merchandize, the same shall be delivered to the sheriff of
the county, who shall thereupon proceed to sell the «ame,
at public auction to the highest bidder for ready money,
having first given ten days' notice ofthe time and place of
sale, and the proceeds of all such sales, after deducting
the costs and other expenses, shall be paid into the county
treasury.

Sec. 5. In all cases where any vessel or water craft shall Where the
be taken up, or any goods, monev or bank notes, shall he J"10®.1 j8 "9?
found as aforesaid, which shall be of a value less than five

W* ESTRAYS, &c.

dollars, it shall be his duty to advertise the same, by setting
up three advt rtisements in the most public places in the
neighborhood, but in such case, the taker up or finder shall
be required to keep and preserve the same, in his or her
possession, and shall make restitution thereof to the owner
wituout fee or reward, except the same be given volunta-
rily whenever legal application shall be made for the same:
Provided, it be done within three months from the time
of such taking up or finding; but if no owner shall appear
to reclaim such property within the time aforesaid, the ex-
• elusive right to the same shall be vested in the finder or
taker up.

Sec. 6. Every person being a householder who shall take
Estray ani- UP any stray horse, gelding, mare, colt, mule, or ass, snail
inais, the ta- within five days thereafter, take the same before some jus-
proceed °" l° tice °** the Peace> of tne county wherein such stray shall
have been taken up, (provided the same shall not have
been previously proved by the proper owner or owners,
and a tender made for the compensation herein provided
for) and make oath before such justice that the same was
taken up at his or her plantation, or place of residence,
in said county, (or otherwise as the case may he) and that
the marks or brands have not been altered by him or her,
or any other person or persons, to his or her knowledge,
either before or since the taking up, the justice shall theji
issue his warrant directed to a constable of his towns'-. ip,
commanding him to summons three disinterested house-
holders of the neighborhood, unless they can otherwise be
had, to appraise such estray, and after they or any two of
them, have been sworn to appraise such estray, without
partiality, favor, or affection, they shall forthwith proceed
to appraise the same, and shall immediately make report
thereof, in writing under their hands and seals, to the said
justice; in which they shall be required to set forth a de-
scription of the marks, natural and accidental, brands, sta-
ture, colour, and age, of such horse, gelding, mare, colt,
mule, or ass, and the said justice shall thereupon enter
the same in his estray book, and transmit a certified copy
thereof, under his hand and seal, together with the origin-
al return of the appraisers, to the clerk of the county com-
missioners1 court of said county, within ten days thereaf-
ter, who shall enter the same in his estray book, and file
the aforesaid transcript, and report of the appraisers in
his office; and the said clerk shall, within twenty days from
the time of the reception of the justice's said transcript
as aforesaid, cause an advertisement thereof to be set up
on the door of the courthouse, and at three other of the
most public places in the county; and also a notice to be

ESTRAYS, &c 193

published for three weeks successively in some puMic
newspaper printed in this state: Provided, that the news-
paper publication may be dispensed with in all rases where
the value of such estray shall not exceed the sum of fifteen
dollars.

Sec. 7. Any person, being a householder, who shall
take up any head of neat cattle, sheep, goat or hog shall cat<£" j£?
within live days thereafter, cause the same to be adverti-
sed in three different places in the neighborhood or town-
ship, and shall also within ten days thereafter, unless such
stray or strays, shall have been previously reclaimed by
the owner, go before some justice of the peace of the pro-
per county, and make oath, as is required in the taking up
of an estray horse, whereupon such justice shall take from
such taker up, upon oath, a particular description of the
marks, brands, color and age of such neat cattle, sheep,
goat or hog, and said justice shall also cause such estray
or estrays, last mentioned as aforesaid, to be appraised in
like manner as is required to be done in the case of an es-
tray horse, after which the same entries and proceedings
shall be made, as is required in the sixth section, except
that it shall not be necessary to make publication in a
newspaper, where the valuation of the property shall not
exceed the sum of fifteen dollars: Provided, that if two or
more estrays of the same species are taken up by the same
person, at the same time, they shall in all cases, be includ-
ed in one entry, and in one advertisement, and in such
case the said justice, clerk and appraisers shall receive
no more for their services than is allowed in cases where
but one of the same species is taken up.

Sec. 8. Any person, being a householder, finding any

ii- i # i • « „ * Horses rnnmg

stray horse, gelding, mare, colt, mule or ass, running at atiargfcuii^

large, without any of the settlements in this state, may mn the settle-
take up the same, and shall forthwith take such stray or ment
strays before the nearest justice of the peace, and make
oath as directed in the sixth section of this act, after which
it shall be lawful for such person to post such stray or
strays, in manner and form as is hereinafter directed, in
cases where estrays are taken up within the settlements:
Provided, that nothing in this act contained shall be so
construed as to 'authorize any person to take up, or stop, when lawful
any estray animal, between the first day of May and the totakeihem
first day of November, unless the same be a work beast, up
and manifestly straj ing away from the owner.

Sec. 9. As a reward for the taking up of all boats and Reward* for
other vessels, and of estrays, and for the finding of all lost talungap
good=, money, bank notes, and other choses in action,
there shall be paid by the owner to the taker up or finder,

IM ESTRAYS, &c.

before restitution of the property, or proceeds thereof,
shall oe made for every horse, gelding, mare, colt, mu!e5
or ass, the sum of one dollar, ex?ept where the same may
have been taken up out of the settlements, in which case
the taker up shall be allowed the sum of three dollars; for
each head of neat cattle, fifty cents; for every sheep or g« at
twenty-live cents,and for every hogabove six months old the
sum of ten cents. And in all cases where goods, money or
bank notes shall be found, the finder shall he entitled to
ten per cent upon the value thereof; in addition to which
said allowances, the owner shall also be required to pay
to the taker up or finder, all such costs and charges as
may have been paid by h,m or her lo ihe justice and clerk
for their services to be rendered as aforesaid, including
the costs of publication, together with reasonable charges
for keeping and taking care of such property, which last
mentioned charge, in case the taker up or finder and the
owner cannot agree, shall he assessed by two disinterested
householders of the neighborhood to be appointed by some
justice of the peace of the proper county, whose decision
when made, shall be binding and conclusive on all parties -f
but where the animal taken up is suitable for the harness
or saddle, no charge shall be allowed for keeping the same,
but no such animal shall be kept out of the county where
the same shall have been taken up, more than one week
at any one time.

Sec. 10. In all cases where any stray horse, gelding.
Where no mare, colt, mule or ass, neat cattle, sheep, goat, or ho£,
p.-1 T ho* to s*la^ 'Je ta^en UP as aforesaid, and no owner shall apply
proceed to prove his or her property, within a year after advertise-

ment shall be made as aforesaid, and when the valuation
shall not exceed the sum often dollars, the property shall
be vested in the taker up; but if the valuation thereof
shali exceed the sum often dollars and no owner appears
within the time aforesaid, it shall be the duly of ih- taker
up, to deliver the same to tUe sheriff of the county, who
sh-.ll thereupon proceed to sell such stray orstraysat pub-
lic auction to the highest bidder, for ready money, having
first given ten days1 notice of the time and place of sale,
and the money arising from the sale thereof, after deduct-
ing the costs and charges paid by the taker up, and rea-
sonable expenses for keeping the same, together with all
other costs and charges which may be incident thereto,
shall be paid into the county treasury: Provided, that the
taker up shall, in all cases, have the' privilege, at the ex-
piration of the year as aforesaid, to pay into the county
treasury the appraised value of sue1 estray, after deduct-
ing the costs and charges aforesaid, and by so doing shall

ESTRAYS, &c. m

acquire an absolute right to the property in such estray?

A'id provided further, that the allowance to he made for

keeping such estray or estrays, where no owner appears,

shall be ascertained by two disinterested householders as

is provided in the ninth section.

Sec. 1 1. The nett proceeds of all such sales as may at .. ^ .

i u iu i iv fa. ; , Kett proceeds

any time be made by the sheriri m pursuance of this act, to goto the

and all such money and hank notes as may be paid over to county
the county treasury, as directed in the tenth section, shall
remain in the hands of the treasurer in trust for the owner,
if any such shall apply within one year from the time the
same shall have been paid over; but if no owner shall ap-
pear within the time aforesaid, the said money shall be
considered as forfeited, and the claim of the owner there-
to forever barred, in which event the money shall remain
in the treasury, to be appropriated for county purposes.

Sec. 12. The owner of any such property as aforesaid The owner to
which may at any time be taken up, or found as aforesaid, hwwft*
shall have restitution of the same, or the proceeds there-
of at any time before the same shall have become vested, in
the tinder or taker up, or forfeited as aforesaid, by making
the requisite proof before the clerk of the county com-
missioners' court of the proper county, who shall thereup-
on grant to him a certificate of such proof having been
made, with direction to the taker up, finder, sheriff or
county treasurer, (as the case may be) to make restitution
thereof without delay; upon the production of which said
certificate, the property or money as aforesaid, after all
proper charges are deducted, shall be forthwith delivered
or paid over to such claimant.

Sec. 13. If the taker up of any vessel or water craft, LiabiUtyof
or stray beast, or the finder of any lost goods, money, bank takers up
notes, or other choses in action, shall be faithful in taking
care of the same, and any unavoidable accident should
happen thereto* without the fault or neglect of the finder
or taker up, before the owner shall have an opportunity
of reclaiming the same, such taker up or finder shall not
be answerable therefor: Provided, that in all cases of ac-
cident as aforesaid it shall be the duty of the taker up or
finder, within ten days thereafter to certify the same, un-
der his hand and seal, to the clerk of the county commis-
sioners' court, who shall make an entry thereof, on his es-
tray book;

Sec. 14. If any person shall trade, or sell, or carry out Nottodis-
of the limits of this state any such property as may at any P"« f™*£]
time be taken up or found as aforesaid, except such ani-
mals as are suitable for the harness or saddle, as named m
"he ninth section of this acU before he or she shall be yest-

196

ESTRAYS, &c.

Penality for
Selling

Penality for
not com ply -
ihg with this
qet

Estray horse
to l> exhibi-
ted at the
court house

Duty of clerks

Pounds to tv
erected

ed with the right to the same, agreebly to the provision*;,
of tnis act, he or she so offending shall forfeit and pay
double the value thereof, to be recovered by any person
who will sue for the same, in any court, or before any jus-
tice of tne peace having cognizance thereof, by action of
d bt, or upon the case; one half whereof shall go to the
person suing, and the other half to the county.

Sec. 15. If any person shall take up any boat or vessel,
or any stray beast as aforesaid, or shall find any goods,
money, bank notes or other choses in action, and shall fail
to comply with the requisitions of this act, every such per-
son so offending, shall forfeit and pay the sum of twenty
dollars, to be recovered before any justice of the peace,
by any person who will sue for the same, the one half
whereof shall be for the use of the person suing, and the
other half for the county: Provided, that nothing herein
contained shall prevent the owner from having and main-
taining his action against such person, for the recovery of
any damages, he or she may sustain.

Sec 6. It shall be the duty of the taker up of any
stray horse, gelding, mare, colt, mule or ass, to cause the
same to be exhibited on the first day of the next term of
the circuit court of the county succeeding the time at
which such stray shall be taken up, from ten o'clock, A.
M. until four o'clock P. M. of said day, that the owner may
have an opportunity of reclaiming his property.

Sec 17. It shall be the duty of each clerk of the coun-
ty commissioners' court in this state to keep an estray hook
in which he shall register all certificates of strays, deliver-
ed to him as aforesaid, as well as all other certificates as
aforesaid, and shall file the same in regular order; and it
shall be his further duty to make out a fair and correct
list of all such property as may, at any time, be taken up
or found as aforesaid, and toafftx the same on the door of
the court house, on the first day of each term of the circuit
court, omitting such as has been proven away, or which
may have been lost by unavoidable accident, under the
penalty of five dollars for such neglect or emission.

Sec 18. The county commissioners' court in each coun-
ty in this state shall cause a pound or stray pen to be erect-
ed, at or near the court house, within three months, after
the place of erecting the public buildings shall be fixed
upon, and as often thereafter as may be necessary, with a
good and sufficient post and rail fence, gate, lock and key,
wherein all stray horses, geldings mares, colts, mules and
asses, above two years old, taken up within the county,
shall be exhibited! as aforesaid. And the county commis-
sioners failing to have such pound or stray pen erected;

ESTRAYS, &c. 197

shall severally forfeit and pay the sum often dollars for
ea h term of the circuit court, which may he held, after
the time for building the same shall have elapsed, until
the same shall be erected, and until such pound or stray
pen is erected, no person taking up any stray horse, geld-
ing, mare, colt, male, or ass, as aforesaid, shall be liable to
an} penalty for not exhibiting the same.

Sec. 1 9. The count) commissioners' court in each coun- person3 to
ty in this state, shall employ some fit person to take charge tak- charge- ,
of all such pounds or stray pens, as may from time to time 0l tliem
be erected in their several counties, whose duly it shall
be to take charge thereof, and to keep the same in repair;
and also to attend, on the several court days during the
time said estrays are directed to be kept therein, with the
key of the same, and the said commissioners' court shall
make such reasonable allowance for the expense of erect-
ing and keeping said pound or stray pen, as to them shall
seem proper, to be paid out of the county treasury in like
manner as other county charges are liquidated and paid;
arid any person being employed and undertaking to take
care of any such pound or stray pen, and failing in his du-
ty, agreeably to the directions in this act contained, shall
forfeit and pay the sum often dollars, to be recovered be-
fore any justice of the peace; the one half whereof shall
go to the person suing for the same, and the other half to
the county.

Sec. 20. In all cases, where services shall be performed
by any officer, or other person or persons, under this act, tt5erfltoiillt
the following fees or compensation shall be allowed, to wit.
to the justice of the peace for administering the oath to
the taker up, or finder, making an entry thereof, with the
report of the appraisers, and making and transmitting a
certificate thereof to the clerk of the county commission-
ers'ceurt, fifty cents: to the clerk for taking proof of the
ownership of the property, and granting a certificate of the
same twenty five cents; for registering each certificate trans-
mitted to him by any justice as aforesaid, twelve and a half
cents; for advertisements, including the newspaper publi-
cation, fifty cents, in addition to the costs of such publica-
tion; to the sheriff on account of all sales made by him, in
pursuance of this act Cwe per cent on the amount. To the con-
Btable for each warrant served on appraisers, twenty-live
cents; all which said costs and charges, with the excep-
tion of the justices charge for granting a certificate of the
proof of ownership, and ihe sheriff's commission shall be
paid by the taker up, to the persons enttled thereto, when-
ever the said servicea Bhall he performed: Provided, that
in all cases, where if. shall be necessary to make publica-

1*8 ESTRAYS, fee.

tion in a newspaper, the taker up or finder, fas the case
mav be) shall he required to deposit with the clerk of the
county commissioner's court a sum of money sufficient to
pay for the same, previous to the publication thereof. All
wni< h costs and charges shall be reimbursed to the taker
up or finder, in all cases where restitution of the property
shall be made to the owner, or the same shall be delivered
to the sheriff, to be sold, r where money or bank notes,
shall be paid into the county treasury, in addition to the
reward, to which such person may be entitled, for such ta-
king up orfiiding as aforesaid.

Sec. 21. In all cases of the division of counties, all

Whenacoun- strays, or other property taken up or found as aforesaid,

ty is divided sfja|| belong to the county wherein the same may be found,

and shall be disposed of as other strays or property posted

in said county.

Sec 22. For the more speedy recovery of est rays and
Sfltray books other lost property, it shall and may be lawful at all times,
for any person interested to search and examine the estray
book of the clerk of the county commissioners* court, for any
information he or she may want in relation to any property,
winch may at any time have strayed away, or been lost by any
such person as aforesaid; for which said search, the clerk
shall be entitled to no compensation whatever.

Sec. 23. If any person shall act contrary to the duties
• ro enjoined by this act, for which no penality is herein before

vided for in particularly pointed out, the person so offending, shall on
this act conviction thereof, forfeit and pay, for every such offencej

not less than five, nor more than one hundred dollars, to be
sued for, in the name of the county commissioners, for the
use of the proper county, in any court, or before any jus-
tice of the peace having cognizance of the same.

Sec 24. All acts and parts of acts, contrary to, or re-
Acts repealed pugnant to this act, are hereby repealed; but all offences
heretofore committed, and rights accrued, under the act
hereby repealed, may be prosecuted and enforced as
though this act had not passed. This act to take effect or*
the first day of June next.

[Approved, Jan. 31, 1827.]

EVrDENCE. 199

AN ACT declaring what shall be Evidence in certain cases, T" force Jan#

Sec. 1 . He it enacted by the People of the State of Illinois,
represented in the General Assembly, That the printed stat- ^tatet^
ute books of this state and of the late territories of Illinois Uence
and Indiana, printed under the authority of said state and
territories shall be evidence in all courts and places of the
private acts therein contained.

Sec 2. The printed statute books of the several states
and territories of the United States purporting to be prin- *Jj )}h™ of
ted under the authority of those states and territories,
shall he evidence in all courts and places, of the legisla-
tive acts of those states and territories respectively.

Sec. 3. Copies of the proceedings and judgments be- Coofes of pro-
fore justices of the peace, certified by the justice or jus- J^BJjJjS
ticcs under his or their hands and seals, before whom such of the peace
proceeding or judgment is had, shall be received as evi-
dence of such proceeding or judgment. Where such
certified copy is to be used as evidence in any county oth-
er than that in which the justice or justices so certifying
shail reside, the same shall not be received as evidence, un-
less a certificate from the clerk of the county commis-
sioners' court, (with the seal of the court,) shall be annex-
ed thereto, certifying that on the day on which such pro-
ceeding was had, or judgment rendered, such justice so
granting the same, was a justice of the peace duly com-
missioned and sworn.

Sec 4. The official certificate of any register or re- official certify
ceiver of any land office of the United States, to any fact ica es, when
or matter on record in his office, shall be received in evi- tVKieuce
dence in any court in this . tate, and shall be competent to
prove the fact so certified. The certificale of any such
register of the entry or purchase of any tract of land
within his district, shall be deemed and taken to be evi-
dence of title in the party who made such entry or pur-
chase, or his heirs or assigns, and shall enable such parly,
his heirs or assigns, to recover the possession of the land
described in such certificate, in any action of ejectment
or forcible entry and detainer, unless a better legal and
paramount title be exhibited for the same.

Sec. 5. An exemplification by the secretary of this or secretary
state of the laws of the other states and territories, which
have been, or shall hereafter be transmitted by order of
the executive or legislatures of such other states or terri-
tories, to the governor of this state, and by him deposited
in the office of said secretary, shall be admissible as evi-
dence in any court of this state.

Sec, 6. Every justice of the peace, hereafter to b^

200

EXECUTORS AND ADMINISTRATORS.

Of commis- sworn into office, shall take the oath? required by law, be*

■oners clerk, c *i 1 1 c il • • •* ^ c A

w!i evi lore the clerk ot the commissioners court of the proper

dence county, who is hereby authorized to administer the same,

a^d who shall certify the same upon the commission. The
said clerk shall keep a hook in which he shall enter the
name of every justice of the peace sworn into office by
him, together with the date of his commission, and i\\e
time when he was sworn into office; resignations of the
office of justice of the peace shall he made to the clerk of the
commissioners' court of the proper county, who shall im-
mediately enter the date of every such resignation in the
bonk above provided for: which book, or a certified copy
of any entrv in the same, shall be received as evidence in
all courts within this state.

Sec 7. The act entitled, "An art rendering authentic
as evidence in the courts of this state, the public acts, re-
cords and judicial proceedings of courts in the United
Stages, approved February 20, 1819;*' and the act entitled
"At act relating to evidence in courts of justice, approv-
ed January 28, 1 823," are hereby repeal

[Approved, Jan. 10, 1827.]

EXECUTORS AND ADMINISTRATORS.

In force June AJf ACT to 'authorize Executors and Administrators to sell

1, 1827

real estate in certain cases.

When and
how re;il es-
tate may be
sold

Circuit court
to examine

applications

Sec. 1. Be it enactedbythe People of the Stale of Illinois, rep-
resented in the Genera! Assembly, That whenever any execu-
tor or administrator, shall apply to the circuit court for
the sale of the real estate of his or her testator or intes-
tate, for the payment of debts, the personal estate being
insufficient, such executor or administrator, shall give
twenty davs notice of such application, by serving a notice
on the devisees or heirs, (or guardians of such as may be
underage, should th^y have guardians) of the deceased, or
by publishing a notice for three weeks, in the nearest
newspaper printed in the state, to the premises, requiring
all persons interested to appear at the court to which t\\e
application for such order of sale will he made, and shew
cause, if anv they have, why the whole or so mu h of the
real estate of said testator or intestate should not be sold
as uil! he sufficientto pay his or her debts.

Sec 2. The circuit court shall examine into the appli-
cation and abstract of debts and credits of the estate as

EXECUTORS AND ADMINISTRATORS. 201

furnished from the office of the judge of probate, and
such other evidence as either party may adduce; and if
the personal estate is not sufficient to pay the debts of the
estate, the circuit court may order the whole, if necessa*
ry, if not, then such part thereof, from time to time, of
the real estate of such testator or intestate, to be sold as
Will he sufficient to pay the debts of such estate; and
when a part of the real estate is ordered to be sold, the or-
der of the court shall specify, as particularly as may be,
the part so ordered to be sold.

Sec. 3. Where any houses and lots, or other real estate,
is so situated, that a part thereof cannot be sold without
manifest prejudice to the heirs or devisees, the circuit
court may order the whole or a greater part thereof, than
is necessary to pay such debts to be sold, and the overplus
money arishVg from such sale, shall be distributed among
the heirs or devisees according to their respective rights.

Sec. 4. No lands or tenements shall be sold by virtue Sa,e? t0 **:*£
of any such order of the circuit court, unless such sale be pu
at public vendue, and between tiie hours of ten in the
morning and the setting of the sun of the same day; nor
unless the time and place of holding such sale shall have been
previously advertised for the space of four weeks, by put-
ting up a written notice, describing the premises to be sold,
with common certainty, in four of the most public places
of the county; and should the court so direct, by causing
an advertisement of such sale, to be inserted in some ^™rti5e*
newspaper printed in the state, for three weeks, previous
to such sale. And if any executor or administrator, shall
sell any real estate contrary to the provisions of this act,
he, she or they, so offending, shall forfeit and pay five hun-
dred dollars, to be recovered by action of debt, with costs
of suit, by any person who will sue for the same; which
Stun, when recovered, shall be for the use of the estate:
Provided, that no such offence shall affect the validity of
such sale, and that the person aggrieved, shall in all cases
have a right to bring suit and recover damages which he
may have sustained in consequence thereof.

Sec 5. Executors or administrators may give such * credit maj
length of credit, not exceeding one year, as they shall egl>en
think best calculated to promote the interest of the es-
tate, taking good real or personal security for the pay-
ment of the purchase money.

Sec. 6. All sales of real estate to be made by order of
the circuit court, shall be made and conveyances executed
by the executors or administrators applying for such or-
der; and the conveyances for the same, shall set forth such
order at large, and shall be valid and effectual against th<k
2fi

202 EXECUTORS AND ADMINISTRATORS.

heirs and devisees of such testator or intestate, and afl
persons claiming by or under them.

Sac 7. All moneys arising from sales of real estate by
any executor or administrator, shall be assets in his, her,
or their bands, and subject to the payment of debts in the
same manner as other assets; and all executors and ad-
ministrators, upon obtaining an order to make sale of real
estate as aforesaid, shall return an inventory of such sale,
describing the real estate sold, the amount for which the
same was sold, the name of the purchaser, what security
taken, whether by mortgage or collateral security, and
the credit given upon such sale; and the judge of probate
shall enter the same of record as in other cases.

Sec. 8. Where application may be made under this act
for the sale of real estate, and any one of the heirs or
devisees of the testator or intestate, are infants and with-
out a guardian, the circuit court shall appoint some suita-
ble person to be guardian ad litem for such infants, for the
sole purpose of appearing for, and taking care of the in-
terests of such infant upon said application.

Sec 9. Where any testator or intestate dies seized of
any certificate orcertifieates, to lands not cleared o,ut of the
office, and the estate of such deceased person is not suffi-
cient after the payment of debts to complete the pay-
ments thereon, it shall be lawful for the executors or ad-
ministrators, to sell or dispose of such certificate or certif-
icates, i.i such manner as they may deem nrv st advantage-
ous to the heirs of such testator or intestate.

Sec. 10. Appeals shall lie from the judgment of the
circuit to the supreme court, in favor of any person claim-
ing to be aggrieved; such appeal being entered during the
term at which the judgment was rendered.

Sec 11. The act entitled " An act for the sale of the
real estate of minors in certain eases,,, approved February
2, 1 82 1 ; and an "Act to authorize executors and administra-
tors to sell real estate in certain cases,'" approved Janua-
ry 28, 1 823, are hereby repealed: Provided, that all pro-
ceedings lawfully begun under said acts, may proceed, and
be completed in the same manner as though this
act had not been passed. This act to take effect the first
of June next, j

[Approved, Feb. 7, 1827]

Salaries

FEES. 20S

J3N ACT regulating the salaries, fees and compensation of

the several officers and persons therein mentioned* '

Sec. 1. Be it enacted by the People of the State of Illinois,
represented hi the General Assembly, That the salaries, fees
and compensation of the several olficcrs and persons here*
inafter mentioned, are established as follows, to wit: •

SALARIES, &c.

To the governor, per annum, §1000

The secretary of state, exclusive of fees, per annum 600
The auditor of public accounts, inclusive of clerk

hire, per annum, 1200

The state treasurer, inclusive of clerk hire, per

annum, 800

The chief justice and each of the associate justi-
ces of the supreme court, respectively, per an-
num, 80ft
The attorney general, per annum, 350
Each eircuit attorney, per annum, 250
The adjutant general, per annum, 100
All of which salaries shall be paid to the persons
entitled thereto, in quarter yearly instalments,
on the warrant of the auditor, out of any nru>
nevs in the treasury not otherwise appropria-
ted.
Sec. 2. Compensation of the members of Comppnsatioa

assembly, &C. to members,

There shall be allowed to the speaker of the se- J?«£a5«.

Date and house of representatives, respectively sembiy

at the present session, per day, $4

To each member of the senate and house of rep-
resentatives, at the present session, per day, 3

To each speaker and member, in addition for
every twenty miles' travel in going to, and
returning from, the place of session, 3

To the secretary of the senate, and principal
clerk of the house of representatives, respec-
tively, per day, 5

To the enrolling and engrossing clerks of the se-
nate and house of representatives, respective-
ly, per day, 4

To the door keeper of the senate and house of

representatives, respectively, per day, 3

And the said compensation, when due to the

officers and members of the senate as .aforesaid,

shall be certihed by the secretary thereof, with

*4H FEES.

the exception of his own compensation, which
shall be certified hy the speaker; and the com-*
pensation that may be due to the officers and
members of the house of representatives, shall be
certified by the principal clerk thereof, and that
of the clerk, by the speaker; which said eertifi-
« cates, when made out as aforesaid, shall be suffi-
cient evidence to the auditor of each person's
claim, respectively, who shall issue his warrant
on the treasury for the amount to which such
person shall be entitled as aforesaid, to be paid
out of any moneys in the treasury not otherwise
appropriated.

INCIDENTAL EXPENSES, &c.
Sec. 3. The incidental expenses of the offices
of the auditor of public accounts, state treasurer
and secretary of state, shall include postage on
all public papers sent to or from said offices rela-
tive to the business thereof, furniture for the
same, the necessary fuel, and all such books,
blanks and other stationary as shall be considered
necessary for the convenient transaction of busi-
ness in said departments respectively.

Sec. 4. For the purpose of defraying the in-
cidental expenses aforesaid, it shall be the duty
of ^aid officers respectively, from time to time,
as said expenses may be incurred, to lay proper
vouchers for the same before the governor, whose
duty it shall be, if such accounts shall appear to
be reasonable, to allow the same, and to certify
the amount thereof to the auditor, who shall
thereupon be required to issue his warrant for
the same to the person entitled thereto; to be
paid out of any moneys in the treasury not oth-
erwise appropriated.

SECRETARY OF STATE'S FEES,
Sec. 5. There shall be allowed to the secre-
tary of state, in addition to his salary, the fol-
lowing foes, to wit:

For copies or exemplification of records, for ev-
ery seventy-two words, \K
Affixing state seal with certificate of authentica-
tion 1
Copy of any law, for every seventy-two words, 1.'
Official certificate, without seal, when not re-
quired for public use, Q".
Provided, that he shall in no case be entitled to
any fees whatever, when any services are

FEES. i05

performed for the state, in discharge of the-
duties oi his office.

JUDGE OF PROBATE'S FEES.
Faking proof of a last will or testament, 50

Endorsing certificates of probate thereon, 12 1-2

Recording last will and testament, for every

seventy-two words, 15

Issuing letters testamentary or of administra-
tion, affixing seal thereto, and recording
the same, 1 50

Taking bond of the executor or administrator, 75

Administering oath to each executor or ad-
ministrator, 12 1-2
For each citation, 25
Taking and filing renunciation of the widow

or next of kin, 25

Taking proof of a codicil, proved separately, 50

Endorsing certificate of probate on codicil, 12 1-2

Recording the same, for every seventy-two

words, 15

Examining and approving each inventory, sale
bill or account current, filed by executors or
administrators, 50

Entering the settlement of executors or admin-
istrators on the order book, 75
Each copy of the settlement of executors or ad-
ministrators, with certificate and seal, 1
For each decree limiting the time for exhibiting ,

the claims of creditors, 25

For each order of distribution, 50

For each order on an executor or administrator
to pay out of the estate to creditors, in pro-
portion to their debts, 25
For copies or exemplifications of records,

every seventy-two words, 15

Official certificate and seal, 50

Making out order for publication, 26

F »r allowing an appeal to the circuit court, 25

For issuing each special writ or summons with

seal, 25

COUNTY COMMISSIONERS' FEES.
Sec. 6. There shall be allowed to each coun-
ty commissioner, in full fur his services, for each
day's attendance in holding courts, the sum of
one dollar and fifty cents, to be paid on the cer-
tificate of the clerk, out of any moneys in the
treasury of the county not otherwise appropria-
ted.

2*6t> FEES.

FEES OF THE CLERK OF THE SUPREME COURT.

For each writ of error and sea), with superse-
deas, 1

For each writ of error and seal, without super-
sedeas, 75

For each bond, when not furnished by the par-
ty, 50

Filing each pappr, excepting records, and pa-
pers on appeals and writs of error, 6 1-4

Filing each record and accompanying papers
on appeals and writs of error, as returned by
the inferior courts, 20

Docketing cause, 12 1-2

Entering each rule or order of court, each en-
try being considered as one order, 25

Execution and seal, 50

Entering sheriff's return, on any writ or execu-
tion, 12 1-2

For each subpoena and seal, 50

For each scire facias, mandamus, and other spe-
cial process, for every seventy-two words, 18

Sealing the same, 25

Bringing any particular record into court, of a

suit, matter or thing not before the court, 25

Copy of a record or rther proceedings, for eve-
ry seventy-two words, 15

Entering judgment or decree, for every seven-
ty-two words, 1 8

Entering each continuance from one term to an-
other, 12 1-2

Making complete record when directed by the

party, for every seventy-two words, 1 5

For each official certificate and seal, other than

to the process of the court 50

Each ufficial certificate, as aforesaid, without

seal, 25

Entering attorney on the roll, administering
oath, and certifying the same, 1

Making bill of costs for execution, and entering

the same in the cost book, 37 1-2

Copy of the same when requested by either

party. 25

Administering each oath, 1 2 1-2.

CLERKS' FEES IN THE CIRCUIT COURTS.

For each capias, summons, subpoena, and other
process not herein specified, and sealing the
same, 50

Provided} that only one subpoena shall be char-

PEES. 207

ged for every four witnesses, unless actually
maoY' out on request in writing,
For tiling eacli paper in the progress of a suit,
and appertaining to the same, excepting pa-
pers on appeal from justices of the peace, 6 1-4
Filing the papers on appeals from justices of
the peace, taking appeal bond and issuing
injunction thereon, 50
Taking bond for costs, 25
Filing and opening each deposition, 12 1-2
Entering each suit on the docket for trial, 12 1-$
Entering each order or rule of court for contin-
uance, default to plead, or any order actual-
ly entered in the progress of a suit, and count-
ing the whole as one entry, 25
For each discontinuance, retraxit, or nonsuit, 25
For each dedimus or commission to take depo-
sitions, 50
Bringing any particular record into court of a
suit, matter or thing, not properly before the
court, 25
Calling and swearing each jury, 18 3-4
Swearing each witness on the trial of a cause, 6 1-4
Swearing any person to an affidavit, 12 1-2
Receiving and entering the verdict of a jury, 12 1-2
Entering each decree or final judgment in a

cause, 25

Issuing each writ of habeas corpus, certiorari, or

procedendo, 50

Assessing the damages on any bond, note or
other instrument for the payment of money,
by order of the court, and making a report
thereof in writing, 25

Entering special hail of record, in each case, 25

Making a list of jurors, when requested, 12 1-2

Swearing constable to take charge of a jury f> 1-4

Issuing execution, 50

Docketing the same, 12 1-2

Entering sheriff 's return on each execution, 12 1-2

Entering satisfaction of judgment, 25

Entering the report of commissioners or refer-
ees, or the award of arbitrators, and all other
special entries, for every seventy-two words, 12 1-2
For each official certificate and seal, other than

the process of the court, 50

Taking bond in cases of foreign or domestic

attachment, 50

Taking injunction bond in chancery, 60

203 PEES.

Taking bond in cases of appeal to the supreme

court, 50

Entering appearance of attorney but once in

each suit, 12 1-2

Entering plaintiff's or defendant's appearance,

but once in each cause, 12 1-2

For each attachment for a witness, or other per-
son, 50
For each venire facias, or a jury warrant, when

actually issued, 37 1-2

Making bill of costs for each execution, and en-
tering the same of record, being one charge, 37 1-2
Copv of same, when requested by either party, £5
Making .complete record of proceedings, and
judgment, when directed by the court, for
every seventy-two words, 12 1-2
Copy of bill, answer, declaration, pleadings,
judgment or other proceedings, for every
seventy-two words, 12 1-2
Certifying and sealing the same when request-
ed in writing, 50
For each commission, scire facias or other spe-
cial writ or process, and sealing the same, for
every seventy-two words, 15
Taking depositions when requested, for every

seventy-two words, 12 1-2

Taking acknowledgment of a sheriff's deed, 25

Entering the acknowledgment of the sheriff

to a deed when made in open court, 25

Administering oath of naturalization, 25

Making entry of naturalization of record, for

every seventy-two words, 1 5

Taking each recognizance and entering the same, 37 l-£
Arraigning a prisoner at the bar, 50

Entering the pleadings in a criminal cause, 25

Fur each copy of an indictment when request-
ed, for every seventy-two words, 15
Entering judgment of conviction, 25
Entering discharge of recognizance, 12 12
For a copy of the list of grand or petit jurors

when requested in a criminal cause, 25

For swearing jurors, witnesses and all other
persons, the same fees shall be allowed as in civil
cases: and in all criminal cases, where the de-
fendant shall be acquitted, or otherwise legally
discharged without payment of costs, the clerk
shall receive such compensation, as the county
commissioner- shall order, not exceeding thirty
dollars per annum.

fees, m

CLERKS' FEES IN THE COUMTT COMMISSION-
ERS' COURT.

For each writ, summons, subpoena or other pro-
cess, with seal,

Filing each paper,

E itering each order of court,

A Iministcring each oa h,

Each certificate and seal to any paper, other
than to process,

Official certificate without seal,

For each license, and taking bond for a ferry,
toll bridge or turnpike road,

For each tavern license, and taking bond,

For each marriage license,

For each copy of rates for a ferry, toll bridge,
turnpike road or tavern,

Filing and recording marriage certificate,

Making each bill of costs, and copy,

For each writ of ad quod damnum^

For copies of all records and proceedings when
made out on request, for every seventy-two
words,

Taking depositions when requested, for every
seventy-two words,

For taking proof in cases of estrays and grant-
ing certificate of the same,

For registering each certificate transmitted to
him by a justice of the peace, in cases of es-
trays,

For advertisements in such cases including the
copy for newspaper publication,

For trying and sealing weights and measures
by the county standard,

P/'^i/'/er/, that no fees herein allowed shall be
charged for services rendered the county:
but the county commissioners1 court shall,
from time to time, allow their clerk such rea-
sonable compensation per day.at each session,
asthev mav judge proper, for his services.

FEES OF THE ATTORNEY GENERAL AND GIR-'
CUIT ATTORNEYS.

For each conviction in a criminal cause, where
the crime is infamous, and the offender sub-
ject to corporal punishment, 101
For each conviction, where the crime is not in-
famous, and the defendant is subject io-iine
or imprisonment only, 5
97

6 1-4

12 1-2

6 1-4

25
i

1
1

12 1-2

310 FEES.

FEES OF THE SUCCESSFUL PARTY AT LAW.

There shall be allowed to the successful (ar-
ty in each civil action, in the circuit and su-
preme court, the following docket fees, to-wit:
In each suit in which the title to lands shall

come in question, 5

In each suit where the title to lands does not

come in question, 2 50

In each chancery suit, 5

Which said fees shall be taxed in the bill of
costs against the unsuccessful party, whether
plaintiff or defendant: Provider/, that not more
than one docket fee shall be taxed against the
same person in any one cause in the same court.

SHERIFFS' FEES.
For serving a writ or summons on each defend-
ant, 50
Taking special bail, 25
For serving a subpoena on each witness, 25
For summoning jury (grand jury excepted,)

each case, 50

Advertising property for sale, 25

Returning each writ or other process, 12 1-2

Milage for each mile of necessary travel, to
serve any such writ or process as aforesaid,
calculating from the place of holding the
court, to the place of residence of the de-
fendant or witness, for going only,
Calling the jury in each cause,
F >r levying an execution,
Returning the same,

Serving and returning a scire facias to revive a
judgment, to foreclose a mortgage or against
baij,
For committing each person to jail,
Discharging each person out of jail,
Dieting each prisoner per day,
For attending before a judge with a prisoner

on a writ of habeas corpus, 1

For each mile of necessary travel in taking

such prisoner before the judge as aforesaid, 6 1-4

Serving a writ of possession, with the aid of

the posse comitatus, 2

Serving the same without such aid, 1

Milage in either case, for each mile of neeesa-
tj travel from the place of holding court
to the place where such is served, for going
only, G 1-4

G M

12 1-2

€2 1-2

37 1-2

FEES. 2\l

Executing a writ of ad qnort damnum* attending
tiic inquest, and returning the writ with the
verdict of the jury, 2

For summoning a jury in a case of forcible en-
try and detainer, and attending the; trial, 2

For attending the circuit and county commis-
sioner's courts, to be allowed and paid out of
the county treasury, 1

For summoning each appraiser to value prop-
erty, 25

For swearing each appraiser when summoned* 6 1-4

For executing and acknowledging a deed, on

sale of real estate, 1 50

For making certificate of sale, previous to the

execution of the deed, 25

For taking a replevin, replevy or forthcoming

bond, 50

For taking each bail bond or recognizance in a

criminal cause, when required by law, 50

For executing a capias on a defendant in a crim-
inal cause where the offence is infamous, I

For executing a capias where the offence is not

infamous, 50

Milage for each mile of necessary travel from
the place of holding court to the place of
making the arrest, 6 1-4

Serving a declaration in ejectment on each de-
fendant and making affidavit of service, 62 1-2

Milage for each mile of travel, from the place
of holding court to the place of residence of
such defendants, 6 1-4

For convevinsj each prisoner from his own coun-
ty to the jail of a foreign county, for each
mile of travel, going only, 10

For committing each prisoner to jail under the
laws of the United States, to be paid by the
Marshal or other person requiring his con-
finement, 37 t-2

Dieting such prisoner per day, 37 1-2

Fur each month's use of the jail during the
confinement of such prisoner, to be advanc-
ed as aforesaid, and paid into the county
treasury, 50

For discharging such prisoner, 37 1-2

In addition to the above fees, there shall be

allowed, to the several sheriffs in this state, a

commission of live per centum on the amount

of all sales of real and personal estate, which-

$12 FEES.

shall he made by virue of any execution, is.
sued in pursuance of law, where the mo; ey
arising from such sales shall not exceed the
sum of two hundred dollars: but in all case*
where the amount of any such sale, shall ex-
ceed that sum, a commission of two and a half
per centum on the excess only shall be allowed:
Provided, that in all cases, where the exec utioq
shall be settled by the parties, replevied, stop*
ped by injunction or paid, or where the properly
levied upon, shall not be actually sold, only one
half of the above commission shall be charged.
And no other fees or compensation whatever
shall be allowed on any execution, except the
necessary expenses for keeping perishable
property, to be ascertained and allowed by the
court, out of which the same shall have issued.
In all cases where any of the sheriffs in this
state shall be required by law to execute any
sentence of punishment, other than imprison*
ment, for which no fee is allowed by this act^
it shall be the duty of the county commission-
ers' court of the proper county to allow a rea-
sonable compensation for the same, to be paid
out of the county treasury. It shall be the duty
of each sheriff entitled to milage under this
act, to endorse on each writ, summons, subpoe-
na or other process, that he may execute, the
distance he may travel to execute the same,
ascertaining the distance, and the charge pro-
perly allowable therefor, in conformity with the
foregoing regulations. In all criminal cases where
the defendant shall be acquitted, or otherwise le-
gally discharged, without payment of costs, the
sheriff shall not be allowed any fees; but the
commissioners' court shall annually allow the
sheriff, such compensation for cx-officio servi-
ces, not exceeding thirty dollars, as they shall
think proper.

CORONERS' FEES.
For holding an inquest over a dead body, when
required by law, 5

For summoning the jury, 7fc

For burial expenses, &c. 10

All of which fees shall be certified by the
coroner, and paid out of the county treasury
when the same cannot be collected out of the
estate of the deceased. And whenever the

12 1-2

6 1-4

12 1-2

25,

FEES. *tt

coroner shall be required bylaw to perform any
of the duties appertaining to the office of sheriff,
he shall be entitled to the like fees and com-
p" isation, as shall beat the time being, allowed
by law to the sheriff for the peformance of
similar services.

JUSTICES' FEES IN CRIMINAL CASES.
For taking each complaint in writing under

oath, 2a

For taking the examination of the accused and
the testimony of witnesses, in cases of felony,
and returning the same to the circuit court, for
every seventy-two words,
For each warrant,

Taking recognizance and returning the same,
For each subpoena,
Administering each oath,
For each jury warrant in a trial of assualt and

battery,
Fob entering the verdict of the jury,
For each order or judgment thereon,
For each mittimus,
For each execution,
For entering each appeal,
For transcript of judgment and proceedings

in cases of appeal, 50

But iii all cases where the defendant shall be
acquitted or otherwise legally discharged,
without the payment of costs, the justice
shall not be entitled to any fees.

JUSTICES FEES IN CIVIL CASES.
For every warrant, summons or subpoena, IS 3-4

For each continuance, li 1-2

Administering an oath, 6 1-4

Issuing dedimus to take depositions, £5

Taking each deposition when required for eve-

ry seventy two words, 12 \-cZ

Entering judgment, %5

issuing execution, 25

Entering security on docket, L5

Scire facias to be served on security; 25

Notification to each referee, 25

Entering the award of referees, 37 \-%

E itering appeal from justices judgment, 25

For earn transcript of the judgment and pro-
ceedings before the justice on appeal, 25
Issui ig process of attachment, and taking bond

and security, 75

PH FEES.

Entering judgment on the same, 25

Docketing each suit, 121-2

Taking the. acknowledgment or proof of a deed

or other instrument of writing, 25

For each preceptor) forcible entry and detain-
er, 50
O trial, per day, 2
M-» king complete copy of proceedings thereon, 2
For each jury warrant, 25
For each marriage ceremony performed, 1
For each certificate thereof, 25
For administering the oath to the finder or ta-
ker up in cases of estrays, &c. making an en-
try thereof, with the report of the appraisers,
and making and transmitting a certificate
thereof to the clerk of the county commis-
sioners1 court, 50
^ CONSTABLES' FEES IN CRIMINAL CASES.
For serving a warrant on each person named

therein, 2b

Milage to be computed from the office of the
justice who may have issued the same, to the
place of service, for each mile, 6 \-4

Serving each subpoena, 12 1-2

Milage from the justices' office to the residence

of the witness per mile, 6 1-4

Taking each person to jail when committed, 25

Milage from the justices* office to the jail per

mile, 6 1-4

For summoning jury in case-of assault and bat-
tery, 50
But in all cases where the defendant shall
be acquitted, or otherwise discharged, without
the payment of costs, the constable shall not be
entitled to any fees.

CONSTABLES' FEES IN CIVIL CASES.
Serving and returning each warrant or sum-

raons, 25

Serving and returning each subpoena, 12 1-2

Serving and returning execution, 50

Advertising property for sale, 25

Commission on sales, not exceeding ten dol-
lars, ten per centum; and on all sales, exceed-
j g that sum, six per centum.
Attending trial before a justice in each jury

cause, 25

Serving jury warrant, hi each case, 60

FEES. 3tf

Each day's attendance on the circuit court,
when required, to be paid out of the county
treasury, 1

Milage, when serving a warrant, summons or
subpoena, from the justice's office to the resi-
dence of the defendant or witness, per mile, 5

For serving warrant on appraisers in cases of

estrays, &c. 26

WITNESSES' FEES.

Every witness attending in his own county, on

trial, pei' day, 59

Attending in a foreign county, going and re-
turning per day, accounting 20 miles for

each day's travel, 1

Every witness, when attending for the purpose

of having his deposition taken, per day, 50

Provided, that no allowance or charge shall be

made for the attendance of witnesses, as afore-
said, unless the witness shall make affidavit of

the lumber of days he or she actually attend-
ed; and that such attendance was at the in-
stance of one, or both of the parties, or nis, tier,

or their attorney.

JURORS' FEES.

To every juror sworn in each civil action in

the circuit court, 25

To each juror sworn in a civil case, before a
justice of the peace, 25

For attending an inquest over a dead body,
when summoned by the coroner, to be paid
out of the county treasury, 26

ARBITRATORS' FEES.

To each arbitrator, for every day he shall be
necessarily employed in performing the du-
ties of his appointment, where the award is
to be made the judgment of the circuit
court, £

For every arbitrator or referee, for each day he
shall be necessarily employed in making up
hie award in cases before justices of the
peace, I

RECORDERS' FEES.

For recording all deeds, mortgages, and other

instruments of writing, for every 100 words, 16

For copies of the same, when requested, for eve-
ry 100 words, 12 1-2

For every search of record, 12 1-2

Official certificate with seal, when requested, 37 i-2,

216 Fees.

For each certificate, without seal. 2i>

FEES OF NOTARIES PUBLIC.

For noting a bond, promissory note, or bill of

exchange for protest, 25

•For protesting and recording the same, 50

For noiing without protest, 25

For notice to endorsers, &c. each, 25

For affixing the seal notarial, 25

For each certificate, 25

COUNTY SURVEYORS' FEES.
Fr establishingeach quarter section of land, 2 50

For establishing each half-quarter section of

land, 2

For each town lot over ten, and not exceeding

forty in number, 37 1-2

For each town lot over forty, and not exceeding

one hundred, 25

For each lot over and above one hundred, 18 3-*

For laving off land, under a writ of ad quod

damnum, 2 50

A. id each surveyor shall be allowed the
sum of two dollar- per day, in full compensation
for 'ravelling expenses, when necessarily e:
ged in the discharge of the duties of his office.
FEES FOR GUARDING JAIL,
To each man, for every twenty-four hours
guarding jail when required, on producing
the jailers, sheriff's, coroners or justice's of
the peace certificate of the same, to be paid
out of the county treasury, 1

Officers to And to the end that all persons chargeable with the

greoeut a ee feeg aforesa\^ due to the several above named officers,
(except such as are to be paid by the respective counties,)
may certainly know for what the same are charged, none
of the fees herein before mentioned, shall be payable to
any such officer, until a bill of the same shall have been
presented to the person chargeable with the same, stating
the particulars of the said bill, and signed by the officer
to whom the same are payable; or until a fee bill shall
have been issued by the clerk, as hereinafter provided.
Sec. 7. If any or either of the aforesaid officers shall
taking 'illegal charge, claim, demand, exact, or take any other or greater
fees. fees than are hereinbefore set down and allowed for any

of the services specified in this act; or shall charge, de-
mand, or take any of the said fees when the services for
which surh Uxc* are charged, shall not have been actually
performed, such offieersihdll pn\ to the party injured two
dollars for every item so diar^edand exacted; to be sued

FEES. 21?

j&rand recovered in any court having cognizance of the
san ■: Provided^ always, that if any person against whom Proviso
any fee bill, wilhin this act, shall be charged, shall con-
ceive himself or herself aggrieved by any such charges,
that the same is overcharged, or contains charges for ser-
vices not actually rendered by such officer, it shall be law-
ful for such person, after paying the same, or having re-
plevied the said fee bill, by giving bond with sufficient se- Feebill may
curity, to pay the same at the next ensuing circuit court of be replevied
h^ county, (and it shall he the duty of the sheriff, or other
officer, to take such bond and allow said replevin,) to pre-
aent the said fee bill to the circuit court of the county ^ * imPr*
where the person so charged therewith shall reside;
wnose duty it shall be to inspect the said fee bill; and if
it appear, that any item or charge is contained in said
fee bill not authorized by law, or for services not actually
re dered, the said judge shall proceed to quash such fee To be quasb-
bill and bond, if one be given, and if the money has been '.^ b> the
collected thereon, he shall order the clerk to restore the Ju se
3am ;, and shall impose a fine on such clerk, in favor of the
party injured, of not less than one dollar, nor more than
three dollars, for every item erroneously charged in said
fee bill "by said clerk^ arid shall grant to the party injured, Party injured
process of attachment, to recover back the amount of such to proceed to
fee bill, when paid, and also the fine or fines so imposed; j^^gj
but if it shall appear to the said judge, that such fee bill
is correct, the party charged with the same, shall pay to
such clerk, an interest on the amount of such bill at the
rate qf ten per centum per annum, from the time of the
delivery of such bill till the same be paid.

Sec. 8. The clerks of the supreme and circuit courts ,
shall, at or after every term of their respective courts, relative to fee
make and set down, in a book to be kept for that purpose, books
a fee bill in each cause, in which costs shall have been
adjudged, including the costs of sheriff's and other offi-
cers of court, setting down the costs of the plaintiff and
defendant, which book shall be a public record; and for
the purpose of collecting such costs, it shall and may be
lawful for such clerk, and it is hereby made his duty,
when required by any officer of the court, interested in
the same, to make out a copy or transcript of such bill of
. and deliver the same to the sneriff of the county
where the person or persons chargeable with the same,
shall reside at have property; which fee bill, so issued,
shall hive the force and effect of an execution, and be
collected in the same manner: Provided, nothing hcivin
contained shall be so construed, as to prevent the collec-
tion of such costs by execution, qn final judgments*
28

21*

FEES.

Contents of a
record of ihe
Supreme

Cocrt

Sec. 9. If any sheriff or other officer, to whom any
Sheriff's duty sucn fee dju snaj] nave bee|J delivered, shall neglect to

bins make return thereof, or to pay the amount of such fee

bill, except his own fees, it shall and may be lawful, for
any party interested in such fee bill, to obtain a rule of
court against such sheriff or other officer, and proceed
against him by attachment, and recover the same accord-
ing to the rules and practice of the court where such costs
may have accrued.

Sec. 10. Whenever any clerk of any circuit court of
this state, shall be required to certify the records of the
proceedings below to the supreme court, such record
shall onlv contain the declaration, writ or summons, plea,
demurrer, rejoinder, or other pleadings in the suit, togeth-
er with the judgment of the court below, given thereupon,
unless such clerk shall be especially directed by*the court,
or the counsel for either, party, to insert in the body of
such record such other pleadings or papers, as the, court
or parties may deem material to the matter in controversy;
hud if any such clerk shall insert in such record, others
than those aforesaid, or such as he may be especially in-
structed to insert, he shall not be entitled to receive any
fee for such paper or pleading as aforesaid.

Sec. 11. Any person who has heretofore been, or who
is at this time the sheriff of any county in this state, and
in whose hands the clerks of their respective counties,
have, agreeably to the statute of this state, in such cases
made and provided, put their fees for collection, and
■which fees, the sheriffs, as aforesaid, have nut collected,
are herehy as fully authorized to go on and make such col-
lections, as if they had done so in strict conformity with the
law; together with all fees which may be due to them for
services as sheriffs rendered: Provided, that the division of
no county shall, in any instance, interfere with such col-
lections.

Sec. 12. The clerks of the circuit and county commis-
sioners' courts, shall provide all the necessary books for
their respective offices; and a safe press or presses, with
locks and keys for the safe keeping of the archives of their
respective offices; and the county commissioners' courts,
shall make allowances for the same, and for articles of sta-
tionary necessary for their respective courts, out of the
county treasury, from time to time; and the clerk if the
supreme court, shall al<o procure the necessary books,
stationary, and presses for the safe deposite of the archives
of his office, which shall be certified by the said court to
the auditor of public accounts, who shall draw a warrant
or warrants on the state treasury for the amount of the
same.

Where sher
iffs bave not
co!. ;ted fee
hiY.s how to
proceed

Stationary find
furniture for
tlie supreme
an-1 circuit
courts

FEES. 219

Sec 13. It shall be the duty of the county commission-
ers" court, in each county, as soon as the same shall be
practicable, to cause a suitable room or rooms to be pro-
vided, at the court house in their respective counties, for
the otiicesof the clerks of the circuit courts, and county
commissioners' courts; and when the same shall be so pro-
vided, the clerks shall keep their offices at the place so
provided.

Sec. 14. In all cases on judgments, on which execution Cost bills to
mayor shall hereafter issue, from any court of record, the g\wi^he
clerk of the court from which the same shall issue, shall at
the time of issuing thereof, make out under his signature,
and deliver to the sheriff or coroner, as the case may be,
with the execution, a detailed bill of the costs in the said
suit, from its commencement to its termination, in order
that the party paying the same, may certainly know, with
and for what, he is chargeable; which said hill, the said
officer to whose hands the execution may so come, shall
deliver to the party against whom the execution may be;
and upon his replevying or paying the same, together
with his certificate thereon, that the same was so reple-
vied or paid by the said person.

Sec 15. Should any officer concerned in issuing or exe- pem\ty for
cuting any execution, hereafter to be issued as aforesaid, omission
fail in the duty enjoined on him, in the preceding section
hereof, he shall forfeit and pay to the party injured, the
sum of fifty dollars with costs, to be recovered in any court
of record in this state, and no imparlance or delay shall be
allowed therein.

Sec. 16. The clerks of the several courts aforesaid,
judges of probate, and justices of the peace respectively, apejrn t|ieir
shall be required to <=et up in some conspicuous place in offices their
each of their offices, and there continually keep, a fair and J^3^0""
complete table of their fees, allowed by this act; and if
any such officer shall fail to compiv, with the provisions of
this section, within three months afler this act shall take
effect, or shall, at any time thereafter, for ten days togeth-
er, not have such table continually kept up as aforesaid,
he shall forfeit and pay for every such neglect, the sum of
ten dollars, to be recovered before any justice of the
peace of the proper county, to the use of any person or
persons, who may inform and sue for the same.

Sec 17. All laws and parts of laws, which may have -cl3rePea
heretofore required the clerks of the supreme and circuit
courts to make up complete records, except in cases
where the title to lands shall come in question, and in
capital criminal cases; or where such clerks shall be di-
rected by one of the parties concerned, to make the same.

390 FERRIES'i TOLL BRIDGES, &c.

shall be, and they are hereby, repealed; and if in any
cause, where the clerk is not required by law, either par-
ty shall require a complete record, the party so requiring
it, shall pay the cost of the same.

The clerks of the several circuit court? of this state,
Old clerks at heretofore appointed by the late circuit judges, may in oil
lecuheir fees ^lu'gs proceed to collect their fees by fee hill, in the man-
ner provided in this act for other clerks; and may, for
that purpose examine any fee book, or record, in any of
said courts; and all other acts and parts of acts, com-
ing within the purview of, or repugnant to this act, be,
£cts repealed and the same are hereby repealed: Provided, that nothing
in this act contained, shall be so construed as to prevent
the recovery of salaries, fees and compensation, which
are now due and payable, or which may become so be-
fore this act takes effect, in the manner prescribed by the
several acts hereby altered and* repealed: Provided* also,
that the ait, entitled 4,An act corfcerning public officers,
and the payment of money out of the state treasury, ap-
proved January 25, 1826," be and the same is hereby re-
pealed. The 1st, 2d, 3d, and 4th sections of this act, to
take effect from and after its passage; the remainder there-
4>f> on the first day of June next.

[Approved, \dlh Feb. 1827.1

FERRIES, TOLL BRIDGES, &c.

l%W#Feb' -AN ACT to provide for the establishment of Ferries, Toll
Bridges and Turnpike Roads.

Sec. 1. Be it enacted by the People of the State of Illinois,
County com- represented in thv General Assembly, That whenever it shall
establish fe'r- Dc considered necessary to establish a ferry or toll bridge
riesand toll across any lake, river, creek or other water course, within
bridges t}le iimi(g or u.|on t,|e j)orc]erP 0f this state, or to turnpike

or causeway any public road or highway, it shall be the
duty of the county commissioners' court of the proper
county, on due application being made by any qualified
person or persons, to establish arid confirm the same by a
special order to be made for that purpose, under such re-
gulations, restrictions, and forfeitures, as are hereinafter
directed and pointed out: Prqvided, that no such appli-
cation shall avail any such person or persons as aforesaid,
uyless his, her or their intention in relation thereto, shall
have been previously published in some public newspaper
printed in this state, or advertised on the door of the c

FERRIES, TOLL BRIDGES, &c, 221

house, and in three other of the most public places in the
county, in which such ferry, toll bridge, or turnpike road
is proposed to he established, lor at least lour weeks suc-
cessively, next preceding the fitting of the court at which
the same shall be made: Ann provided Jurtlier, that the
proprietor or proprietors of tne lands adjoining to, or em-
bracing such water course as aforesaid, over which any
such ferry or toll bridge snail be proposed to be established
as aforesaid, or where any such turnpike road shall pass
as aforesaid, shall at all limes have tne preference in es-
tablishing or erecting the same, in all cases where appli-
cation snail be made for that purpose, before such privi-
lege shall have been granted to any other person or per-
sons as aforesaid.

Sec 2. When any ferry, toll bridge, or turnpike road, Whenesfab*
shall be established as aforesaid, it shall be the duty of the l:sh<(!» ;1 '«- -
court establishing the same, to direct their cbrk to issue censc t0i,sue
to tne pr< prietor or proprietors thereof, a license, under
the seal of such court, to keep the same according to law:
Provided, that every such proprietor or proprietors, as
aforesaid, to whom any such license may be directed to be
issued, as aforesaid, shall before the issuing thereof, pay
into the county treasury, or to such person or persons as
shall be authorized to receive the same, the amount of the
first year's tax, which may be assessed upon such ferry,
toll bridge or turnpike road by said court, and specified in
the order establishing the same, and enter into bond with
one or more sufficient securities, to be approved by the
court, in a sum not less than one hundred, nor more than
five hundred dollars, payable to the county commissioners
of the proper county, and their successors in office, for
the use of such county, with a condition therein contain-
ed, that he, she, or they will keep such ferry, toll bridge
or turnpike road according tot law; and if default shall
at any time be made, in the condition of said bond, dam-
ages not exceeding the penally therein mentioned, may
be sued for, and recovered in the name of the county
commissioners for the use of the county, wherein suck
ferry, toll bridge or turnpike road, shall have been estab-
lished in any court having competent jurisdiction.

Sec. 3. Each ferry keeper shall be furnished 'and pro- Butytfttig^
vided with a good tight boat, or boats, if more than one be oepert
necessary, and other small craft of sufficient number, di-
mensions, strength and steadiness, for the safe and speedy
transportation of all passengers, their teams, horses, cattle
and othor animals, as well as their ^oods, chattels and efc
fects; and the said boat or boats Rnd off'- small craft,
-hall at ail times be well furnished with suitable oars* set-

£22 FERRIES, TOLL BRIDGES, &c.

ting poles, rigging and other implements, necessary for the
service thereof; and also with men of sufficient number,
strength, discretion and skill, to manage the same; and
such ferry keeper shall, at all times keep the places of em-
harking and landing, in good repair, by cutting away the
banks and erecting wharves and causeways when necessa-
ry, so that passengers, their teams, horses, cattle and other
property, may be embarked and landed without danger or
unnecessary delay.

Sec. 4. Every keeper of a toll bridge or turnpike road,
Duty of toll sna^ in like manner, be required to keep the same at all
bridge and times, in good repair, so as to afford a safe and speedy
turnpike keep passage to all persons, their teams, horses, cattle, and oth-
er animals, who may have occasion to use the same.
Sec. 5. Every keeper of a ferry, toll bridge or turn-
Further duty pike road as aforesaid, shall give constant and diligent at-
tention to the same, from day light in the morning until
dark in the evening of each day, and shall give passage to
all public messengers and expresses; to all grand and pet-
it jurors, when going to and returning from court, without
any fee or reward whatever: Provided, that no messen-
ger or express shall be'eonsidered as being sent on public ser-
vice, within the meaning of this act, unless he shall have
been dispatched by a commander in chief, major or briga-
dier general, colonel, lieutenant-colonel, major or comman-
dant of some military post or establishment, to the gover-
nor or commander in chief of the militia of this state, or
vice versa; and the dispatch carried by such messenger or
express, be endorsed "on public service," and signed by
the officer sending the same.

And all such keepers of ferries, toll bridges and turn-
pike roads, as aforesaid, shall also be obliged at any hour
of the night, if required, except in cases of evident dan-
Their liability ger^ to gjve passage t0 aij public messengers and expresses
as aforesaid; and also, to all other persons requiring the
same, on their paying or tendering double the rate of fer-
riage or roll allowed to betaken during the day time.
And if any su< h keeperof a ferry, toll bridge, or turnpike
road, as aforesaid, shall at any time neglect or refuse to
give passage to such person or persons, or their property
as aforesaid, he or she so offending, shall forfeit and pay
five dollars for every such offence, to the party aggrieved,
before any justice of the peace of the county wherein
such offence shall be committed, and shall also be liable to an
action on the case for any special damage, which any such
person may sustain in consequence of such neglect or refu-
sal. But no ferryman shall be required to put off from
shore, or to attempt to pass any such water coarse as

FERRIES, TOLL BRIDGES, &c. 323

aforesaid, when it manifestly appears to be hazardous so

to th>, by reason of any Hood, storm, tempest or ice; nor

shall any keeper of a ferry, toll bridge or turnpike road, as

aloresaid, be compellable (except as is hereinbefore ex-

, ' . r * . i- Not l. able uo*

cepted) to give passage to any person or persons, or to his, les9 [)fx^m ^

her or their property as aforesaid, until the fare or toll, vance
properly chargable by such keeper, shall have been fully
paid or tendered, and every jury man, lo entitle him to the
boneiit of this section, shall produce to the ferry keeper,
&c.tne certificate of the sheriff of his county, that he has
been duly summoned to serve on the grand or petit jury
at the term of the court, to or from which he is going.

Sbc. 6. The county commissioners' courts in their re-
spective counties, are authorized and required to tix, eour,s t0 fix
from time to time, the rates, fare or toll, which each keep- the rates, &c.
or of any ferry, toil bridge or turnpike road, shall hereaf-
ter demand, tor the passage of all persons, wagons, carts,
carriages, horses, cattle, sheep, hogs and other property,
having due regard to the breadth and situation of the stream
or water course, over which such ferry or bridge shall be
established, the dangers and difficulties incident thereto,
the length, breadth and quality oftheroad,and the publicity
of the place at which the same shall have been established.
And every such keeper of a ferry, toll bridge, or turnpike
road, as aforesaid, who shall at any time demand and
take more than the fare or toll, so stated *and allowed
as aforesaid, shall forfeit and pay to the party ag-
grieved, for every such offence, the sum of five dollars,
over and above the amount which shall be thus illegally
demanded and taken, to be recovered before any justice
of tue peace, of the county wherein such offence shall be
committed.

Sec. 7. Each keeper of a ferry, toll bridge or turnpike
road, which now is, or shall hereafter be established in Ferry kcep-
this state, shall be required to set or post up in some con- J^in-Set ir
spicuous place, immediately adjoining his or her ferry in some con-
landing, toll bridge or turnpike gate, a painted, printed, sj*cc"ous
or written list, of the several rates or fares, which shall
be chargeable at such ferry, toll bridge, or turnpike gate,
so that the same shall not exceed those which shall from
time to time be allowed by law; which said list of fares
or rates as aforesaid, shall at all times be painted, printed,
or written, in a plain legible manner, and posted up so
near the place or places where persons shall pass across
such ferry, toll bridge, or turnpike road, as aforesaid, that _ j>

the same shall be open and legible to all such passenger:
And if at any time, any such keeper, as aforesaid, shall
refuse or neglect to put up such list of rates or fares a?
aforesaid, it shall not be lawful to charge any ferriage or

sas

FERRIFS, TOLL BRIDGES, &c.

Liability for

no O i :.,-
tog 10 this act

Ferry keep-
era !o i»avt;
thr exclusive
privilege ot
parrying

Proviso

Fenies on
Ohio river,
how regula-
te

JCo person
peunittetl to
run a ferry
boat within
three miles of
an established
ferry

toll, or to lake any compensation whatever, at any such
ferry, mil bridge, orturnpike gateduringsuchdelinquency.

Seo. 8. All persons shall be received into such ferry
boats, or Other vessels as aforesaid, and conveyed across
the water course, over which the same shall be established,
according to their arrival or first coming to the said ferry:
And it any ferry keeper shall act contrary to this regula-
tion, he shall forfeit and pay the sum of three dollars for
every such offence to the party aggrieved, recoverable be-
fore any justice of the peace of the county wherein such
offence snail have been committed: Provided, that all pub-
lic officers, and such as go on public or urgent occasions,
as post riders, couriers, physicians, surgeons and mid-
wives, shall in all eases be the first carried over, where all
cannot go at the same time.

Sec* 9. The owner or owners, keeper or keepers, at
ali ferries and toil bridges, whica now are, or hereafter
shall be established by law, and kept agreeably to this act.
shall have the exclusive privilege of the transportation or
passage of ali persons, their teams, horses, cattle and other
property, over or across the same, and be entitled to all
the fare by law arising therefrom: Provided, that nothing
herein contained, shall be .construed to prevent any per*
son or persons from crossing any stream or water course,
over which any such ferry or toll bridge shall be establish-
ed, as aforesaid, in his or her own boat or other craft, on
his or her own business; and also to take in, and cross his
neighbors, where the same is done without fee, and not
with intention to injure any ferryman near.

Snc. 10. All ferries heretofore established and confirm-
ed, over the river Ohio, to the proprietor or proprietors of
land on the western shore of said river by the county com-
missioners' courts, of any of the counties bounded by, or
situate upon said river, as well as all other ferries and toll
bridges, which have at any time been established over
any other of the lakes, livers, creeks, or other water cour-
ses, within the limits or upon the borders of this state, and
where the same have been kept it) operation, or repair,
from time to time, according to law; and have not at any-
time since their establishment, been discontinued or aban-
doned, shall be, and they are herebv declared to be estab-
lished ferries and toil bridges, within the meaning of this
act.

Sr:o. 1 1. If any person or persons, except those whose
ferries or toll bridges, are established and confirmed by
this act, or shall hereafter be established and licensed by-
some countv commissioners1 court u ider the provisions of
this act, shall at any time run any boat or boats, or other

Ferries, toll bridges, &c. z&?

c;rarr, for the purpose of conveying passengers, or their
property across any such water course, as aforesaid, within
three miles of any ferry or toll bridge, which now is, or here*
after shall be established as aforesaid, except as is hereinbe-
fore allowed, he, she, or they so offending shall forfeit
every such boat or boats, or other craft to the owner or
proprietor of the ferry or toll bridge, within three miles of
which, the same shall be run as aforesaid ; and the owner
or proprietor of such ferry or toll bridge, may, at any
time after such forfeiture shall have accrued, enter upon,
and take possession of such boat or boats, or other craft,
to his or her own use; and such offender shall, moreover,
pay to the proprietor of such ferry or toll bridge, as afore-
said, who may be aggrieved as aforesaid, the sum of fifteen
dollars for each person, who may be thus unlawfully car-
ried or conveyed across any such water course as afore-
said, to be recovered by motion before any justice of the
peace of the proper county, upon giving to such offender
five days notice of the time and place of making such mo-
tion; which notice may be served on such person or per-
sons, either in or out of the state, by delivering or tender-
ing a copy thereof.

Sec. 12. For the encouragement of ferry keepers, and Ferry and toll
the keepers of the gates of toll bridges and turnpike gate keepers
roads, and in consideration of their giving a free passage £*;xeraP^d

4 n- j i.u i j l al' i 11 ivom militia

to public messengers, and others, exempted by this act, all duty, working
men necessarily attending on ferries, toll bridges, or turn- on roads and
pike gates, in this state, shall be free from military duty, ^er3v,ns°njtf~
opening and repairing highways, so far as personal service
is required, and from serving on juries.

Sec. 13. If any ferry or ferries, which now are, or
hereafter may be established as aforesaid, shall not be fur- Fe™es to be
nished with a sufficient boat or boats, or other craft, with vkhboaii 6
the necessary oars, setting poles, rigging, and other imple-
ments for the service thereof; and also with a sufficient
number of able bodied and skilful ferrymen, as is provi-
ded in the third section of this act, within three months from
the establishment thereof, or if any toll bridge, or turn-
pike road, which now is, or hereafter shall be established
as aforesaid, shall not be erected and completed agreea*
hly to the terms and conditions, imposed by the county
commissioners' court, within twelve months after the es-
tablishment thereof, or of any such ferry, toll bridge, or
turnpike road, shall not at any time hereafter, he kept in
good condition and repair, agreeably to the provisions of
this act, or if the same shall at any time be abandoned,
disused, or unfrequented for the space of six months, it
•shall and may be lawful for Che county commissioners'
2'9

220 FERRIES TOLL BRIDGES, &c.

court, of the proper county, on complaint being made, to
License for SUmmon the proprietor or proprietors of such ferry, tol i

fernes revo- ,. , , ,* . . K i T , i xi

kabie bridge or turnpike road, to shew cause why the same

should not be discontinued, and their license revoked;
and decide thereon according to the testimony adduced,
and as shall be agreeable to equity and justice; which de-
cision, when made, shall be valid in law to all intents and
purposes, but subject to appeal to the circuit court, as in
other cases.

Sec. 14. All ferries, toll bridges and turnpike roads,
which now are, or hereafter may be established as afore-
said, shall be subject to an annual tax of not less than two,
nor more than one hundred dollars, in the discretion of
the county commissioners' court of the county, in which
the same shall be located ; which tax, when assessed, shall
be collected and paid over as other taxes are, and shal!
constitute a part of the county revenue.

Sec 15. If the county in which any toll bridge or

Counties tnay turnpike road shall be established and erected as afore-

bridgL^and sa'^ shall, at any time, pay, or cause to be paid to the

turnpike proprietor or proprietors thereof, the original cost of such

road3 toll bridge or turnpike road as aforesaid, with ten per

cent, interest thereon, then the said bridge or road shal!

cease to be private property, and shall become a public

bridge or highway.

Sec. 16. No person shall establish, keep, or use any
Persons not ferry, toll bridge, or turnpike road as aforesaid, for the
allowed to conveyance or passage of persons and their property as
&cP wUhouTa aforesaid, for profit or hire, unless he or she shall be li-
iicense censed as directed by this act, under the penalty of five

dollars for each offence, recoverable before any justice of
the peace of the county wherein such offence shall be
committed; the one half thereof, shall go to the person su-
ing for the same, and the other half to the county; and if
any person or persons, not licensed as aforesaid, shall, at
any time, pass any person or persons, or their property, as
aforesaid, except as provided in the ninth section, over any
lake, river, creek, or other water course, where any ferry
or toll bridge shall at the time be established and kept as
aforesaid, or within three miles thereof, either with or with-
out compensation, with intent to injure the keeper or pro-
prietor of such ferry or toll bridge, he, she or they, shall
incur the same forfeitures, and may be proceeded against
in the same manner as is provided in the eleventh section:
1* viso Provided, that it shall not be considered illegal for any per-

son or persons to pass any person or his property without
compensation, in cases where it shall be made to appear
that such established ferry or toll bridge was not, at the
lime, in actual operation, or in sufficient repair to have

FERRIES, &c. 221

afforded to such person or his property, a safe and speedy
passage.

Sec. 17. That the act, entitled "An act to establish
and regulate ferries," approved February 20th, 1819; Actsrepealtf
the act, entitled "An act to amend an act, entitled an act
to establish and regulate ferries," approved February 20th,
1819, approved February 9th, 1821; the act, entitled
"An to amend an act, entitled an act to establish
and regulate ferries," approved January 10th, 1825;
the act, entitled "An act authorizing the county com-
missioners to grant licenses for the erection of toll
bridges and turnpike roads," approved March 27th,
1819; and all other acts, and parts of acts, coming within
the purview of, or repugnant to this act, be, and the same
are hereby repealed: Provided, always, that nothing in this
act contained, shall be construed to interfere with, in-
fringe, restrict or impair any of the rights or privileges,
which have been heretofore granted and confirmed to any
person or persons, by virtue of any former law of this
state. This act to take effect from and after its passage.

[Approved, Feb. 12, 1827.]

FERRIES, &c.

AM ACT supplemental to an act, entitled "An act to establish Q^l^1
and regulate Ferries, approved February 20th, 1819."

Sec 1. Be it enacted by the People of the State of Illinois Ferries over
represented in the General Assembly, That the ferries here- the Ohio riv-
tofore established and confirmed over the river Ohio, to er e8U l!
the owner or owners of land on the western shore of said
river, by the county commissioners' court of any of the
counties bounded by, or situate upon said river, are
hereby declared to be established ferries, any thing in the
act to which this is a supplement, approved February 20,
1819, notwithstanding.

Sec. 2. The county commissioners' court of the seve-
ral counties, which now are, or hereafter may be, situated Com'rscourii
on the river Ohio, shall have full.power and authority to ft™^0*
grant and confirm to the proprietors of land on the west- have certain
em shore of said river, the right to ferry over said river: extra^powerj
Provided, that no ferry shall be granted over said river, J.es hereon
within three miles of any established ferry.

Sec. 3. If any person or persons except those whose Noper«on«t-
ferrics are confirmed and established by this act, or shall ^^Jj, ^
hereafter be granted and confirmed by some county com- sent owners

228 FORCIBLE ENTRY AND DETAINER,

missioners' court, under the provisions of this act, shaft
run any boat or boats, for the purpose of conveying pas-
sengers across said river Ohio, within three miles of any
ferry established and confirmed by this act, or which may
be granted and confirmed by any county commissioners'
court, under the provisions of this act, he, she, or they
shall forfeit every such boat or boats, to the owner of the
ferry, within three miles of which such boat or boats shall
be run as aforesaid; and the owner of such ferry may en-
ter upon, and take possession of said boat or boats lor his
own use; and such offenders shall moreover pay to the
owner of such ferry, within three miles of which said
boat or boats shall be run, the sum of fifteen dollars, for
every person carried or conveyed over said river in such
boat or boats, to be recovered before any justice of the
peace, in the proper county, by motion, upon giving suck
offender or offenders five days notice of the time and place
of making such motion; which notice may be served on
such person or persons, at any place, either in or out of
the state, by delivering or tendering a copy thereof.
Sec. 4. And it shall and may be lawful for the proprie
CwnrVs^court tor or proprietors of ferries, established, or which maybe es-
of ferriage*16 tablished, by authority of this act, their heirs and assigns, to
demand and receive from passengers, and other persons,
such rates of toll as shall from time to time be established
by the county commissioners' court of the respective
counties, in which such ferries may be situate.

Sec. 5. The ferries which are, or may be established
Ferries here- by authority of this act, shall be subject to the same taxes

after establish J J l r* i • j ±t r

ocj as now are, or may hereafter be imposed on other ferries

in this state, and under the same regulations and forfeit-
ures. This act to take effect from and after its passage.

[Approved, Feb. 12, 1827.J

FORCIBLE ENTRY AND DETAINER.

Ir\s5r°,*iae ^n "^Ci concerninS forcible Entry and Detainer.

Sec. 1 . Be it enacted by the People of the State of Illinois,

What deem- represented in the General Assembly, That if any person

cd forcible en shau mafcc any entry into any lands, tenements," or other
try and de- . . . . J , '

tamer possessions, except in cases where entry is given by law,

or shall mnke any such entry by force; or if any person
shall wilfully, and without force, hold over any lands, tene-
ments, or other possessions, after the determination of the
Time, for which such lands, tenements, or possessions were

FORCIBLE ENTRY AND DETAINER. 229

let to him, or to the person under whom he claims, after de-
mand made in writing for possession thereof, by the per-
son entitled to such possession, such person shall be ad-
judged guilty of a forcible entry and detainer, or of forci-
ble detainer, as the case may be, within the intent and
meaning of this act.

Sec 2. Any two justices of the peace, of any county
in this state, shall have jurisdiction of any case arising un- ^X^peac?
der this act, and, on complaint, upon oath, of the party totmejuris-
grieved, shall issue their summons, directed to the sher- diction ot all
iff, (or coroner, if the sheriff be interested,) of their Staaetl
county, commanding him to summon the person against
whom the complaint is made, to appear before such justices
at a time and place to be stated in such summons, not
more than twelve, nor less than six days from the time of
issuing such summons, and which shall be served at least
five days before the return day thereof, by reading the
same to the defendant, or leaving a copy at his place of
abode; and the said justices shall, also, at the same time,
issue a precept to the sheriff or coroner, commanding him
to summon a jury of twelve good and lawful men of the ceeJ to sum-
county, to appear before them, at the return of such sum- monajury
mons, to hear and try the said complaint. And if any part
of the jurors shall fail to attend, or be challenged, the said
justices may order the sheriff or coroner to complete the
number, by summoning and returning others forthwith.

Sec. 3. The sheriff or coroner shall return to the said riff,s . •
justices the summons and precept aforesaid, on the day as-
signed for trial, and shall state on the back of said sum-
mons, how the same was served, and on the back of said
precept, a list of the names of the jurors. And if the de-
fendant does not appear, the justices shall proceed to try
the said cause, cxparte, or may, in their discretion, postpone if defendant
the trial for a time not exceeding ten days; and the said J^rjustuStD
justices shall also issue subpoenas for witnesses, and proceed proceed ex-
in the trial of said cause, as in other cases of trial by ju- Parle

Sec. 4. No indictment or inquisition shall be necessary - .. ^
in any case arising under this act, but the justices shall set keep a reconi
down in writing the complaint, under oath, particularly de- ot the procce-
scribing the lands, tenements or possessions in question, 8
and shall keep a record of the proceedings had before
them; and if the jury shall find the defendant guilty, they
shall give judgment thereon, for the plaintiff to have res-
titution of the premises, and his cost*, and shall award
their writ of restitution; and if a verdict be given for the
defendant, judgment shall be given against the plaintiff for
costs. and execution issued therefor.

2Su

FRAUDS AND PERJURIES.

Appeals al-
lowed, if ta-
ken within
five davs

No writs of
restitution or
execution to
bfi issued

Acts repeal-
ed

Sec. 3. If either party shall feel aggrieved by the ver-
dict of the jury, or the decision of the justices, on any tria-
had under this act, he or she may have an appeal to the
circuit court, to be obtained in the same manner and tried
in the same way as appeals from justices of the
peace in other cases; and if the appeal be taken with-
in five days after the trial had before the justices, no
writ of restitution or execution shall be issued by
them; and the circuit court, on giving judgment
for the plaintiff, shall award a writ of restitution and exe-
cution for costs, including the costs before the justices;
and if judgment be for the defendant, he shall recover
costs, in like manner, and have execution for the same.

Sec. C. This act repeals "An act against forcible entry
and detainer, approved February 24, 1819, but rights ac
quired under that act are not hereby affected. This act
shall take effect on the first day of June next.

[Approved, Feb. 2, 1827.]

In forcre Feb.
16, 1827

FRAUDS AND PERJURIES.

AN ACT for the prevention of Frauds and Perjuries*

Sec. 1. Be it enacted by the People oftlie State of Illinois,
Whataeree- rePresented &» ^ General Assembly, That no action shall be
mems voir) if brought, whereby to charge any executor or administra-
oot m writing tor, upon any special promise, to answer any debt or dam-
ages out of his own estate, or whereby to charge the de-
fendant upon any special promise to answer for the debt,
default or miscarriage of another person ; or to charge any
person upon any agreement made upon consideration of
marriage, or upon any contract for the sale of lands, tene-
ments or hereditaments, or any interest in, or concerning
them, for a longer term than one year, or upon any agree-
ment that is not to be performed within the space of one
year from the making thereof, unless the promise or agree-
ment upon which such action shall be brought, or some
memorandum or note thereof, shall be in writing, and
signed by the party to be charged therewith, or some oth-
er person thereunto, by him lawfully authorized.
Contracts, &c Sec. 2. Every gift, grant or conveyance of lands, tene-
ments, hereditaments, goods or chattels, or of any rent,
common or profit of the same, by writing or otherwise ; and
every bond, suit, judgment or execution, had and made, or
contrived of malice,fraud.covin, collusion, or guile, to the .bi*

FRAUDS AND PERJURIES. 231

tent or purpose to delay, hinder or defraud creditors of their
just and lawful actions, suits, debts, accounts, damages, pen-
alties or forfeitures, or to defraud ordeceive those who shall
purchase the same, lands, tenements or hereditaments, or
any rent, profit or commodity out of them, shall be from
thenceforth deemed and taken, only as against the person
or persons, his, her or their heirs, successors, executors, ad-
ministrators or assigns, and every of them, whose debts,
suits, demands, estates and interests by such guileful and
covinous devices and practices as aforesaid, shall or might
be in any wise disturbed, hindered, delayed, or defrauded,
to be clearly and utterly void ; any prentence, color, feign-
ed consideration, expressing of use, or any other matter or
thing to the contrary notwithstanding; and moreover, if a conveyance
conveyance be of goods and chattels, and be not on con- of goods, chat
^deration deemed valuable in law, it shall be taken to be ll8S»&c«
fraudulent within this act, unless the same be by will, duly
proved and recorded, or by deed in writing acknowledged,
or proved, if the same deed includes lands also, in such
manner as conveyances of land are by law directed to be
acknowledged or proved; or if it be goods and chatties
only, then acknowledged or proved by two witnesses, be-
fore any court of record in the county wherein one of the
parties lives, within eight months after the execution
thereof, or unless possession shall really and bona Jide re-
main with the donee. And in like manner where any When posses
loan of goods and chatties shall be pretended to have ?!??d,?ff*

o -iii i . evidence ot

been made to any person, with whom or those claiming fraud
under him, possession shall have remained for the space of
i\ve years, without demand made and pursued by due pro-
cess at law, on the part of the pretended lender, or where
any reservation or limitation shall be pretenced to have
been made of an use, or property by way of condition, re-
servation, remainder or otherwise, in goods or chatties,
the possession whereof shall have remained in another as
aforesaid, the same shall be taken as to creditors and pur-
chasers of the person aforesaid, so remaining in possession,
to be fraudulent within this act,and that the absolute pro
pertyis with the possession, unless such loan, reservation
or limitation of use or property, were declared by will or
deed in writing, proved and recorded as aforesaid. Towhatthis

Sec 3. This act shall not extend to any estate or inter- &c» fiends
est in any lands, goods or chatties, or any rents, common
or profit, out of the same, which shall be upon good con-
sideration, and bona fide lawfully conveyed, or assured to
any person or persons, bodies politic or corporate.

Sec. 4. All declarations or creations of trusts or con- J^JToi?
tidences of any lands, tenements or hereditaments, shall proved

232

FUGITIVES FROM JUSTICE.

be manifested and proved, by some writing signed by the
party, who is by law enabled to declare such trust, or by
by his last will in writing; or else they shall be utterly
void and of none effect: Provided, that resulting trusts, or
trusts created by construction, implication or operation oi
law, need not be in writing, and the same may be prov
ed by parol.

[Approved, Feb. 16, 1827.J

In force June
1, 1827

Fugitives
from other
states how ap
prehended

Fugitives
from this
to otlier suites
how to pro-
ceed

Expenses,
how paid

Person
charged with
commission
of uffeneps
how to lie ap-
prehended

FUGITIVES FROM JUSTICE.

AN ACT concerning Fugitives from Justice .

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That whenever the
executive of any other state, or of any territory of the
United States, shall demand of the executive of this state
any person as a fugitive from justice, and shall have com-
plied with the requisitions of the act of congress in that
case made and provided, it shall be the duty of the execu-
tive of this state to issue his warrant under the seal of the
state, to apprehend the said fugitive, directed to any sher-
iff, coroner, or constable of any county of this state, or
other person whom the said executive may think fit to en-
trust with the execution of said process: any of the said
persons may execute such warrant any where within
the limits of this state, and convey such fugitive to any
place within this state, which the executive in his said war-
rant shall direct.

Sec. 2. Whenever the executive of this state shall demand
a fugitive from justice from the executive of anv other
state, he shall issue his warrant, under the seal of the
state, to some messenger, commanding him to receive the
said fugitive, and convey him to the sheriff, of the proper
county where the offence was committed.

Sec. 3. The expenses which may accrue under the two
foregoing sections being first ascertained to the satisfac-
tion of the executive, shall on his certificate be allowed
and paid out of the state treasury, on the warrant of the
auditor.

Sec 4. Whenever any person Within this state shall be
charged upon the oath or affirmation of any credible wit-
ness, before any judge or justice of the peace, with the
commission of any murder, rape, robbery, burglary, arson,
larceny, forgery, or counterfeiting, in any other state or
territory of the United States; and that the said person

FUGITIVES FROM JUSTICE. s*|

fehth fled from jutice, it shall he lawful for the said judge
or justice to issue his warrant for the apprehension of said
person. If upon examination it shall appear to the satis-
faction of such judge or justice, that the said person is
guilty of the offence alleged against him, it shall be the
duty of the said judge or justice to commit him to the
jail of the county; or if the offence is bailable, according
to the laws of this state, to take bail for his appearance at
the next circuit court to be holden in that county. It
shall be the duty of the said judge or justice to reduce
the examination of the prisoner and those who brine him, Com.mitt*ng

. r . ? . ' magistrate, to

to writing, and to return the same to the ne:it circuit court reduce the
of the county where such examination is had, as in other examination of
cases, and shall also send a copy of the examination and Jin^°nei t0W
proceedings to the executive of this state, so soon there-
after as may be. If in the opinion of the executive of this
state, the examination so furnished, contains sufficient
evidence to warrant the finding of an indictment against
such petson, he shall forthwith notify the executive of the
state or territory, where the crime is alledged to have been
committed, of the proceedings which have been had
against such person, and that he will deliver such person
on demand, without requiring a copy of an indictment to
accompany such demand; when such demand shall he made,
the executive of this state shall forthwith issue his war-
rant under the seal of the state to the sheriff of the coun-
ty where the said person is committed or bailed, comman-
ding him to surrender him to such messenger as shall be
therein named, to be conveyed out of this state. If the
said person shall be out on bail, it shall be lawful for the
sheriff to arrest him forthwith, any where within the
state, and to surrender him agreeably to said warrant.

Sec. 5. Incases where the party shall have been ad- The party ap
mi tied to bail, and shall appear at the circuit court accor- courl £nd n0
ding to the condition of his recognizance, and no demand demand may
shall have been made of him, it shall be in the power of e disc iarge'
of the said court to discharge the said recognizance or
continue it according to the circumstances of the case;
such as the distance of the place where the offender is al-
ledged to have been committed, the time that hath inter-
vened snee the arrest of the party, the strength of the
evidence against him. In no case shall such person be
held in prison or to bail, longer than till the end of the
second term of the circuit court after his caption. If no
demand be made upon the sheriff for him within that time,
lie shall be discharged from prison or exonerated from his
recognizance, as the caw mav be.
SO

m FUGITIVES FROM JUSTICE.

Sec. 6. If the recognizance shall he forfeited, it shall
enure to the benefit of the state.

Sec. 7. In all cases where complaint shall be made as
Persons com- aforesaid against any fugitive from justice, it shall be the
fugiUvegsSg"ve dllty of the JudSe or $*$& to take good and sufficient
bond for cost* security for the payment of all costs which may accrue
from the arrest and detention of such fugitive ; which se-
curity shall be by bond, to the clerk of the circuit courts
conditioned for the payment of costs as above ; which bond,
together with a statement of the costs, which may have
accrued on the examination, shall be returned to the office
of the clerk of the circuit court; and upon the determi-
nation of the proceedings against such fugitive within
that county, the clerk shall issue a fee bill as in other ca-
ses, to be served on the parties named iw the bond, or any
one of them; which fee bill shall be served and returned
by the sheriff, for which he shall be allowed the same fees
as are given him for serving notices. If the fees be not paid
on or before the first day of the next circuit court to be hoi-
den in and for that county, nor any cause then shewn why
they should not be paid, the clerk may issue an execution
for the same against those parties on whom the fee hill has
been served; and when the said fees are collected, shall
pay over the same to the persons respectively entitled
thereto. The clerk shall be entitled to fifty cents for his
trouble in each case, besides the usual taxed fees which
are allowed in other cases for like services: Nothing
herein contained shall prevent the clerk from instituting
suits on said bonds in the ordinary mode of judicial pro-
ceedinings, if he shall deem it proper.

Sec 8. If any person charged with, or convicted of
treason, murder, rape, robbery, burglary, arson, larceny,
GoTeraor may forgery or counterfeiting, shall break prison, escape, or Hee
-when pison- ^rom justice, or abscond and secrete himself; in such cases
eps est tp«voi- it shall be lawful for the governor, if he shall judge it nc-
*7v. » when cessary, to offer any reward not exceeding two hundred
charged with dollars, for apprehending and deliverug such person into
certain offerees the custody of such sheriff or other officer, as he may di-
rect. The person or persons so apprehending and deliver-
ing any such person as aforesaid, and producing to the
governor, the sheriff or justices' receipt for the body, it
shall be lawful for the governor to certify the amount of
such claim to the auditor, who shall issue his warrant on
the treasury for the same.

All laws coming within the perview of this act arc here-
by repealed. This act to take effect on the first day of
June next.

[Approved. Jan. 6, 1827.)

GAMING. 233

AN ACT to restrain Gaming. In force Janua-

to ry 16. 18*7.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all promises, Ml contracts
notes, bills, bonds, covenants, contracts, agreements, judg- "onsid^rat'.oa
merit?, mortgages, or other securities or conveyances declared void.
made, given, granted, drawn, or entered into, or executed,
by any person or persons whatsoever, where the whole, or
any part of the consideration thereof, shall he for any mo-
ney, property, or other valuable tning, won by gaming, or
playing at cards, dice, or any other game or games, or by-
betting on the side or hands of any person gaming, or for
the reimbursing or paying any money or property, know-
ingly lent or advanced, at the time and place of such play,
to any person or persons so gaming or betting; or that
shall, during such play, so play or bet, shall be void and of
no elFect.

Sec. 2. Any person who shall, at any time or sitting, by
playing at cards, dice, or any other game or games, or by
betting on the side or hands of such as do game, lose to any Persons lish%
one or more persons, so playing or betting, any sum PrJ^k money'
sums of money, or other valuable thing, amounting in the paid if it a-
whole to the sum of ten dollars, and shall pay or deliver mount3 «>$10
the same, or any part thereof, the person or persons so lo-
sing and paying or delivering the same, shall be at liberty
to sue for and recover the money, goods, or other val-
uable thing, so lost and paid or delivered, or any part there- fi . .. ^
of, or the full value of the same, by action of debt, detinue, rv' action*
assumpsit or trover, from the respective winner or win-
ners thereof, with costs, in any court of competent juris-
diction; in which action it shall be sufficient for the plain-
tiff to declare generally, as in actions of debt or assump-
sit for money had and received by the defendant to the
plaintiff's use; or as in actions of detinue or trover upon a
supposed finding, and the detaining or converting the pro-
perty of the plaintiff to the use of the defendant, whereby
an action hath accrued to the plaintiff, according to the
form of this act, without setting forth the special matter.
In case the person or persons who shall lose such money
or other thing, as aforesaid, shall not, within six months,
really and bona fide, and without covin or collusion, sue,
:\\\<\ with effect prosecute, for such money, or other thing, The loser must
by him lost and paid or delivered, as aforesaid, it shall be months "J. E*y
lawful for any other person to sue for, and recover, treble other person af
the value of the money, goods chattel?, and other things, ^^^^J
with coits of suit, by special action on the case, against ytixa
such winner or winners aforesaid; one half to the use ot
the countv. and the other to the person suing.

236

HABEAS CORPUS.

All contracts,
judgments, &c
upon gaming
contracts may
be set aside in
ecpiity

Assignments
will not affect
the defence in
such cases

The parties en
titled to a dis-
covery

Acts repealed

Sec. 3. All judgments, mortgages, assurances, bond?,
notes, bills, specialties, promises, covenants, agreements,
and other acts, deeds, securities, or conveyances, given,
granted, drawn or executed contrary to the provisions of
this act, may be set aside and vacated by any court of equi-
ty, upon bill filed for that purpose, by the person so grant-
ing, giving, entering into, or executing the same, or by
his executors or administrators; or by any creditor, heir,
devisee, purchaser, or other person interested therein; or
it' a judgment, the same may be set aside, on motion of
any person aforesaid, on due notice thereof given.

Sec 4. No assignment of any bill, note, bond, cove-
nant, agreement,judgment, mortgage or other security or
conveyance as aforesaid, shall in any manner affect the de-
fence of the person giving, granting, drawing, entering into
or executing the same, or the remedies of any person inte-
rested thereie.

Sec. 5. In all actions or other proceedings commenced
or prosecuted under the provisions of this act, the parties
shall be entitled to discovery as in other actions, and all
persons shall be obliged and compelled to answer, upon
oath, such bill or bills as shall be preferred against them
for discoveringj the sum or sums of money, or other thing
so won as aforesaid. Upon the discovery and repayment
of the money, pr other thing so to be discovered and re-
paid, the person or persons who shall discover and repay
the same, as aforesaid, shall be acquitted, indemnified and
discharged from any other or further punishment, forfeit-
ure or penalty, which he or they might have incurred,
by the playingjfor, or winning such money or other thing,
so discovered or repaid as aforesaid. All acts and parts
of acts coming within the provisions of this act, are hereby
repealed.

[Approved, Jan. 16, 1327.]

HABEAS CORPUS.

In force
1827

1 AN ACT regulating the proceeding

Corpus.

on writs of Habeas

Sec. 1. Be it enacted by the People of the Slate of Illinois

r°presented in the General Assembly, That if any person shall

Application De? or stand committed, or detained for any criminal or

wis, howamT" supposed criminal matter, it shall and may be lawful, foi

► -Hi-hem made him to apply to the supreme or circuit courts in term time,

or any judge thereof, in vacation, for a writ of habeas cor

HABEAS CORPUS. 23*

pits, which application shall be in writing, and signed by
the prisoner, or some person on his or her behalf, setting
forth the facts concerning his imprisonment, and in whose
custody he is detained; and shall be accompanied by a Proceeding*
copy ol the warrant or warrants of commitment, or an af- thereon
iidavit that the said cqpy had been demanded of the per-
son in whose custody the prisoner is detained, and by him
refused or neglected to be given; the said court or judge,
to whom the said application shall be made, shall forth-
with^ award the said writ of habeas corpus, unless it shall
appear from the petition itself, or from the documents an-
nexed, that the party can neither be discharged nor ad-
mitted to bail, nor in any other manner relieved. Which
said writ, if issued by the court, shall he under the seal of
the court; if by a judge, under the hand of the judge;
and shall be directed to the person in whose custody the
prisoner is detained, and be made returnable forthwith;
to the intent that no officer, sheriff, jailer, keeper, or other
person, to whom such writ shall be directed, may pretend
ignorance thereof, every such writ shall be endorsed with
these words, " by the habeas corpus act," and whenever
the said writ, shall by any person be served, upon the she-
riff, jailer, keeper, or other person whatsoever, to whom
the samcj shall be directed, or being brought to him, or be-
ing left with any of his under officers or deputies, at the jail officer having
or place where the prisoner is detained, he, or some of his custody of pri-
under officers or deputies, shall, upon payment or tender ^'""odv before
of the charges of bringing the said prisoner, to be ascer- the judge or
tained bv the court or judge awarding the said writ, and c?un *,th'°.

y _ J o ,. & ., , three da^s if

endorsed thereon, not exceeding ten cents per mile; and notover 20
upon sufficient security fijiven to pay the charges of carry- miles and not
• 1 • i 1 c 1 u 1 1 u j l 1 * r above 100, then

ing him back, it he shall be remanded, make return ot willlin i0fiays,
such writ, and bring, or cause to be brought, the body of i; over lootheu
the prisoner, before the court or judge who granted the »«20l'ay«
said writ; or in case of the adjournment of the said court,
or absence of the judge, then before any other of the judg-
es aforesaid, and certify the true cause of his imprison-
ment within three days thereafter, unless the commitment
of such person be in a place beyond the distance of twen-
ty miles from the place where the writ is returnable; if
beyond the distance of twenty miles, and not above one
hundred miles, then within ten days: and if beyond the
distance of one hundred miles, then within twenty days af-
ter the delivery of the writ, as aforesaid, and not lon-
ger. Ho.v obtained
Sec. ~. Where any person not being committed or de- where a person
tained, for any criminal, or supposed criminal matter, J^"*^
confined or restrained, of his or her liberty, ua- D j nutter

-o HABEAS CORPUS,

der any color or pretence whatever, he or she may apply
for a writ of habeas corpus^ as aforesaid, which application
shall he in writing, signed by the party, or some person on
his or her behalf, setting forth the facts concerning his ot-
her imprisonment, and wherein the illegality of such im-
prisonment consists, and in whose custody he or she is de-
tained; which application, or petition, shall be verified by
the oath or affirmation of the party applying, or some
other person, on his or her behalf; if the confinement or
restraint is by virtue of any judicial writ, or process, or
order, a copy thereof shall be annexed thereto, or an affi-
davit made that the same had been demanded and refused :
the same proceedings shall thereupon be had in all re-
spects, as are directed in the preceding section.

Sec. 3. Upon the return of the writ of habeas corpus y
Upon the re- a day shall be set for the hearing of the cause of impr^on-
Sfen °t$b<rnt ment or detainer, not exceeding five days thereafter, un-
heard less the prisoner shall request a longer time. The said
prisoner may deny any of the material fac^s set forth in
dem°tberSs tne return> or may allege any fact to shew either that the
in the return imprisonment or detention is unlawful, or that he is then
entitled to his discharge; which allegations or denials
Returns may shall be made on oath; the said return may be amended
by leave of the court or judge, before or after the same
is filed, as also may all suggestions made against it, that
thereby material facts may be ascertained. The said
. court or judge shall proceed in a summary way to settle

Court or nidge .u • j r * l 1 • j\ >• 1

to proceed in a tne sa,cl facts, by hearing the testimony and arguments,
summary way as well of all parties interested civilly, if any there be, as
of the prisoner, and the person who holds him in custody,
and shall dispose of the prisoner as the case may require;
if it appear that the prisoner is in custody by virtue of
Prisoner in ens process from any court, legally constituted, he can be dis-
ffyjKS charged only for some one of the following causes: first,
be mny be <<is- where the court has exceeded the limits of its jurisdiction,
charged either as to the matter, place, sum or person; second,

where though the original imprisonment was lawful, yet
by some act, omission or event, which has subsequently
taken place, the party has become entitled to his dis-
charge; third, where the process is defective in some oub-
stantial form required by law; fourth, where the. process,
though in proper form, has been issued in a case, or un-
der circumstances where the law does not allow process,
or orders for imprisonment or arrest to issue; fifth, where,
although in proper form, the process has been issued or
executed, by a person either unauthorized to issue or exe-
cute the same, or where the person having the custody
of the prisoner under such process, is not the person en>

HABEAS CORPUS. 2?

powered by law to detain him; sixth, where the process
appears to have been obtained by false pretence or bribe-
ry; seventh, where there is no general law, nor any judg-
ment, order or decree of a couri, to authorize the process,
it' in a civil suit, nor any conviction, if in a criminal pro-
ceeding. JSo court or judge, on the return of a habeas Jttdgmepts,&ci.
corpus, shall, in any other matter, inquire into the legality not l0 l)e in(lu1'
or justice of a judgment, or decree of a court legally con- ie
stHuted. In all cases where ttie imprisonment is for a Nottodls-
criminal, or suppled criminal matter, if it shall appear to cWge foria-

Ihe said court or judge, that there is sufficient legal cause [ornialll>" ^
» ,• . • i i . ° i t0 recommit

lor the commitment 01 the prisoner, although such com-
mitment may have been informally made, or without due
authority; or the process may have been executed by a
person not duly authorized, the court or judge shall make
a new commitment, in proper form, and directed to the
proper officer, or admit the party to bail, if the case be
bailable.

Sec. 4. When any person shall be admitted to bail, on
habeas corpus, he snail enter into recognizance with one or fns0Jier when

* . . . ° . oai!cit to give

more securities, in such sum as the court or judge shall security tor his
direct, having regard to the circumstances of the prison- aijpearanc©
er, and the nature of the offence, conditioned for his or her
appearance at the next circuit court, to be holden in and
for the county where the offence was committed, or where
the same is to be tried: where any court, or judge, shall
admit to bail, or remand any prisoner brought before him
or them, on any writ of habeas corpus, it shall be the duty
of the said court or judge to bind all such persons as do \Vit0e3st0 be
declare any thing material to prove the offence with which recoS!llzed
the prisoner is charged, by recognizance to appear at the
proper court having cognizance of the offence, on the first
day of the next term tnereof, to give evidence touching
the said offence, and not to depart the said court without
leave; which recognizance, so taken, together with the re-
cognizance entered into by the prisoner, when he is admit-
ted to bail, shall be certified a;.d returned to the proper
court, on the first day of the next succeeding term thereof.
If any such witnesses shall neglect or refuse to enter into
a recognizance as aforesaid, when thereunto requited, it
shall be lawful for the court or judge to commit him to witnesses not
jail until he shall enter into such recognizance, or be entering in re-
otherwise discharged, by due course of law; if any judge cr«,,;J:,l,Cl*
shall neglect or refuse to bind any such witness or prisoner, tei
by recognizance, as aforesaid, or to return any such re-
cognizance, when taken as aforesaid, he shall be deemed
guilty of a misdemeanor in office, and be proceeded
against accordingly.

24a Habeas corpus.

Sec. 5. Where any prisoner, brought up on habeas cor

^e^f^r^ Shali be .romanded to Prison^ Jt shall he the duty of
duty ot judge tne court o;r judge remanding him, to make out and deli-
ver to the sheriff, or other person, to whose custody he
shall be remanded, an order, in writing, stating the cause
or causes of. remanding him. If such prisoner shall obtain
Whena second a second writ of habeas corpus, it shall be the duty of such
writ is obtained sheriff or other person to whom the same shall be directed,

how to proceed * A ,u -,i .1 1 r • 1 1 ■ <- • 1 u

10 return therewith the order aforesaid, and if it shall ap-
pear that the said prisoner was remanded for an oflence
adjudged not bailable, it shall be taken and received as
conclusive, and the prisoner shall be remanded without
further proceedings.
. Sec. 6. It shall not be lawful for any court or judge, on

to'teShafg- a second wri* of habeas corpus, obtained by such prisoner,
ed if specially to discharge the said prisoner, if he is clearly and specilical-
trime* WUh ty cnarge3 in the warrant of commitment, with a criminal
Botmavbe offence; but the said court or judge shall, on the return
biUe.i if^aila* of such second writ, have power only to admit such pri-
ble, &e. soner to bail, where the oflence is bailable by law, or re-

mand him to prison where the offence is not bailable; or
being bailable, where such prisoner shali fail to give the
bail required.

Sec. 7. No person who has been discharged by order
Prisoner mice 0r a cou rt or judge, on a habeas corpus, shall be a^ain im-

uiacnfirncn not

to be again im- prisoned, restrained, or kept in custody for the same cause,
prisoned for unless he be afterwards indicted for the same offence;
less Indicted, or unless by the legal order or process of the court wherc-
<kc in he is bound by recognizance to appear; the following

wi h 11 s^a^ no* ^e kerned to be the same cause: first, if after a
be deemed the discharge for a defect of proof, or any material defect in the
same cause commitment in a criminal case, the prisoner should be
again arrested, on sufficient proof, and committed by legal
process for the same offence; second, if in a civil suit the
party has been discharged for any illegality in the judg-
ment or process, and is afterwards imprisoned by legal
process for the same cause of action; third, generally,
whenever the discharge has been ordered, on account of
the non-observance of any of the forms required by law,
the party may be a second time imprisoned, if the cause
be legal, and the forms required by law, observed.
.<v. . Sec. 8. No person shall be discharged under the provi-

When pi i30n- . , ,, . . . . *• . r

wra shall not be sions of this act, who is in custody under a commitment,
discharged for any offence exclusively cognizable by the courts of the
United States, or by order, execution or process issuing
out of such pourts, in cases wnerethey have jurisdiction,
or who is held by virtue of any legal engagement or en-
listment in the army, or who being subject to tbc rules

HABEAS CORPUS. 241

and articles of war, is confined by any one legally acting
under the authority thereof; or who is held as prisoner of
war under the authority of the United States, or who is in
custody for any treason, felony, or other high misdemean-
or committed in any other state or territory of the Uni-
ted States, and who by the constitution and laws of the
United States, ought to be delivered up to the executive
power of such state or territory; nor shall any negro or
mulatto, held as a slave within this state, try his right to
freedom, or be discharged from slavery under the provi-
sions of this act, but for that purpose shall be put to his suit
>br freedom.

Sec. 9. If any person shall be committed for a criminal, or
supposed criminal matter, and not admitted to bail, and When he may
shall not be tried on or before the second term of the court loVlieiay
having jurisdiction of the offence, the prisoner shall be set
at liberty by the court, unless the delay shall happen on
the application of the prisoner. If such court, at the se-
cond term, shall be satisfied that due exertions have been
made, to procure the evidence for, and on behalf of the
people, and that there are reasonable grounds to believe,
that such evidence may be procured at the third term,
they shall have power to continue such case till the third
term. If any such prisoner shall have been admitted to continued to a
bail for a crime other than a capital offence, the court may third term
continue the trial of said cause to a third term, if it shall
appear by oath or affirmation that the witnesses for the
people of the state, are absent, such witnesses being men-
tioned by name, and the court shewn wherein their testimo-
ny is material.

Sec. 10. To prevent any person from avoiding or de- Kemovalsf&r
laying his trial, it shall not be lawful to remove any pri- delay
soner on habeas corpus under this act, out of the county
in which he or she is confined, within fifteen days next
preceding the term of the court at which such person
ought to be tried, except it be to convey him or her into
the county where the offence with which he, or she, stands
charged, is properly cognizable.

Sec 11. Any person being committed to any prison, or
in the custody of any officer, sheriff, jailer, keeper, or other onTiSVuf"
person, or his under officer or deputy, for any criminal, or another, when
supposed criminal matter, shall not be removed from the £e°by^a7wriu
said prison or custody, into any other prison or custody, except in cer^
unless it be by habeas corpus, or some other legal writ, or tain cases
where the prisoner shall he delivered to the constable, or
other inferior officer, to be carried to some common jail;
pr shall be removed from one place to another, within the
countv. in order to his discharge or trial in due course of

242 HABEAS CORPUS.

iaw. or in case of sudden fire, infection, or other necessity,
or W'iere the sheriff shall commit such prisoner to the jail
of an adjoining cou.ity, for the want of a sufficient jail in
hi* own county, as is provided in the act concerning jails and
jailers, or where the prisoner, in pursuance of a law of the
United States, may be claimed or demanded by the exe-
cutive of any of the United States or territories U any
person or persons, shall, after sucn commitment, as afore-
said, make out, sign, or countersign, any warrant or war-
rants for such removal, except as before excepted, then he
Penalty for it- or tney giiau forfeit to the prisoner or party aggrieved, a
legal removals gum n^t excee(^ir)g ti)ree hundred dollars, to he recovered
by the prisoner or party aggrieved, in the manner herein-
after mentioned.
. Sec. 12. Any judge empowered by this act to issue

^e_u9al to »ssue ^.^ ^ habeas corpus, who shall corruptly refuse to issue
such writ, when legally applied to, in a case where such
writ may lawfully issue, or who shall, for the purposes of
oppression, unreasonably delay the issuing of such writ,
shall, for every such otfence, forfeit to the prisoner or par-
ty aggrieved, a sum not exceeding five hurdred dollars.
Sec. 13. If any officer, sheriff, jailer, keeper, or other
Liabilitvofoffi Person? *° whom any such writ shall be directed, shall ne-
ecsrs r« fusing to gleet or refuse to make the returns as aforesaid, or to
obe.s and te- bring the body of the prisoner, according to the command
urn the writ of theBaid writ? wjthin the time required by this act, all*
and every such officer, sheriff, jailer, keeper, or other per-
son, shall he guilty of a contempt of the c^urt or iudge,
who issued said writ: whereupon, the said court or iiKtge
may, and shall issue an attachment against such officer,
sheriff, jailer, keeper, or other person, and cause him or
them to be committed to the jail of the county, there to
remain without h.-ii or mainprize, until he or they shall
obey the said writ; such officer, sheriff, jailer, keeper, or
other person, shall also forfeit to the prisoner or party ag-
grieved, a sum not exceeding five hundred dollars^ and
shall he incapable of holding or executing his said office.
Sec. 14. Any one having a person in his custody, ot
Removing pri- under his restraint, power or control, for whose relief a
•oner to avoid writ of habeas corpus is issued, who, with intent to avoid the
the writ effect of such writ, shall transfer such person to the custody,

or place him or her under the control of another, or shall
conceal him or her, or change the place of his or her con-
finement, with intent to avoid the operation of such
writ, or with intent to remove him or her out of the state,
shall forfeit for every such offence one thousand dollars,
and may be imprisoned not less than one year, nor more
than five years. In any prosecution for the penalty fa-

HABEAS CORPUS. 243

purred under this section, it shall not be necessary to
shew, that tne writ of habeas corpus had issued al the time
of the removal, transfer or concealment therein mention-
ed, if it be proven that the acts therein forbidden, were
done with the intent to avoid the.oppration of such writ.

Sec. lo. Any sheriff, or his deputy, any jailer or coro-
ner, having custody of any prisoner, committed on any ci- Penalty forre,
vii or criminal process, of any court or magistrate, who fusing to give "
shall neglect to srive such prisoner a copy of the process, prisoner a copy

■ ./ x. l • r i • u i • • • of commitment

order, or commitment, by virtue of which lie is imprison-
ed, within six hours after demand made by said prisoner,
or any one on his behalf, shall forfeit five hundred dol-
lars.

Sec. 16. Any person, who, knowing that another has p . f j*j
been discharged by order of a competent judge or tribunal, resting a per-
on a. habeas corpus, shall, contrary to the provisions of this 80n thathis
act, arrest, or detain him again for the same cause, which c\ll"£f&(i>
was shown on the return of such writ, shall forfeit five
hundred dollars, for the first offence, and one thousand
dollars for every subsequent offence;

Sec. 17. All tne pecuniary forfeitures incurred under p01.whose ^
this act, shall inure to the use of the party for whose benefit efit the forfeit-
the writ of habeas corpus issued, and shall be sued for, and *res ander l^
recovered with costs, by the attorney general, or circuit AttornpyGene
attorney, in the name of the state, by information, and the ral and Circuit
amount, when recovered, shall, without an j deduction, be Attorneys to
paid to the party entitled thereto. piosecu

Sec. 18. In any action or suit for any offence against The general
the provisions of this act, the defendant or defendants may l8Slle ™a> te ;

, r, . , . , . . ,, . pleaded in ac~

plead the general issue, and give the special matter in ;iuns UIuItr th^
evidence. act

Sec. 1 9. The recovery of the said penalties shall be no Recovery no
bar to a civil suit for damages. _ ^12*™*

Sec. 23. The supreme and circuit courts within this
state, or the judges thereof, in vacation, shall have power Habeas corpus,
to issue writs of habeas corpus, for the purpose of bringing ad testlfioanr '
the body of any person confined in any jail, within the ua1'
same, before them to testify, or be surrendered, in dis-
charge of bail. When a writ of habeas corpus shall be is-
sued, for the purpose of bringing into court any person to
testify; or the principal to be surrendered in discharge of
bail; and such principal oq witness shall be confined in
any jail in this state, out of the county in which such prin-
cipal or witness is required to be surrendered or to testify,
the writ may run into any eounty in this state, and there
be executed and returned by any officer to whom it shall
be directed; and the principal, after beirfg surrendered,
:; bail discharged, or a person testifying as aforesaid,

$4 ILLEGITIMATE CHILDREN.

shall, by the officer executing such writ, be returned to
the jail from whence he was taken, by virtue of an order
of the court, for the purposes aforesaid; an attested copy
of which, lodged with the jailer, shall exonerate such jail-
er from being liable for an escape. The party praying
out such writ of habeas corpus, shall pay to the officer exe-
cuting the same, such reasonable sum for bis services, as
shall be adjudged by the courts respectively. This act
tt> take effect on the first day of June.

[Approved, Jan. 22, 1827-5

ILLEGITIMATE CHILDREN.

^ force, Jul/ AN ACT to provide for the maintenance of Illegitimate
ut' 1S27, Children.

Sec. 1. Be it enacted by the People of the Stale of Illinois
represented in the General Assembly, That when any unmar
1 ^seoTbastardy rie^ woman? who shall be pregnant or delivered of a child,
which by law would be deemed a biistard, shall make
complaint to any one or more of the justices of the peace
for the county, where she may be so pregnant, or deliver-
Warrant ec*> anQj SQa^ accuse> under oath or affirmation, any person

with being the father of such child, it shall be the duty of
such justice or justices, to issue a warrant directed to the
sheriff or any constable of such county, against the person
so accused, and cause him to be brought forthwith before
him or them. Upon his appearance, it shall be the duty
of the said justice or justices, to examine the said woman,
upon oath or affirmation, in the presence of the man allc-
Tnal ge(j f-0 ke tne fatner 0f the child, touching the charge

against him. If the said justice or justices shall be of
opinion that sufficient cause appears, it shall be his or
their duty to bind the person so accused, in bond, with
■Recognizance sufficient and good security, to appear at the next circuit
court to be holden for said county, to answer to such
charge; to which court, said warrant and bond shall be re-
turned. On neglect or refusal (o give such bond and se-
curity, the justice or justices shall cause such person to be
committed to the jail of the county there to be held to an-
swer such complaint.

Sec. 2. The circuit court of such county, at their said

lluty of circuit next term, shall have full cognizance and jurisdiction of

vmvX the said charge of bastardy, and shall cause an issue to

be made up, whether the person charged as aforesaid, is

the real father of the claiid or not. which issue shall be

ILLEGITIMATE CHILDREN. 245

tried by a jury. Such inquiry shall not he cxporle, when Trial there
the person charged shall appear and deny the charge;
but he shall have a right to appear and defend himself
by counsel, and controvert by all legal evidence, the truth
of such charge.

Sec. 3. If at the time of such court, the woman be not
delivered, or be unable to attend, the court shall order a
recognizance to be taken of the person charged as afore- Continuance
said, in such amount, and with such sureties as the court
may deem just, for the appearance of such person at the
next court, after the birth of her child; and should such
mother not be able to attend at the next term, after the
birth of her child, the recognizance shall be continued un-
til she is able.

Sec. 4. On the trial of every issue of bastardy, the mo- Mother a coin.
ther shall be admitted as a competent witness, and her petent witness,
credibility shall be left to the jurv. She shall not be ad-
mitted as a witness, in case she has been duly convicted of
any crime, which would by Jaw disqualify her from being
a witness in another case.

Sec. 5. In ease the issue be found against the defend-
ant, or reputed father, or whenever he shall, in open court,
have confessed the truth of the accusation against him, he judemei^
shall be condemned by the judgment of the said court, to pay
such sum of money, not exceeding fifty dollars, yearly, for
seven years, as in the discretion of the said court may
seem just and necessary for the support, maintenance and
education of such child; and shall, moreover, be adjudg-
ed to pay all the costs of the prosecution, for which exe-
cution shall issue, as in other cases of costs. The said de-
fendant, or reputed father, shall give bond and security t0^i'i^te b Jnd^^"
for the due and faithful payment of such sum of money,
as shall be ordered to be paid by the said court, to be
paid by him for the period aforesaid ; which shall be made
payable quarter yearly to the judge of the court of pro-
bate, and his successor in office, for the county in which
the prosecution aforesaid was commenced; and the same, D,Jlv of ^
when received, shall be laid out and appropriated, from ofprobate
time to time, by the said judge, under his order and direc-
tion, for the purposes aforesaid: in case the defendant, or
reputed father, shall refuse or neglect to give such secu-
rity, as may be ordered by the court, he shall be commit-
ted to trm jail of the county, there to remain until he
shall comply with such order, or until otherwise discharg-
ed by due course of law: Provided, alvKiys, that the said nowttieb(W(j
reputed father, after giving bond with appproved security, may be dig-.
to the court of probate in said county, conditioned for the ch*r2(^
suitable maintenance of any sach child, for the term

2*q JAILS AND JAILERS,

aforesaid, shall be permitted to take charge and have the
control of his said child; and from the time of the said fa-
fh-fTaking charge of such child, or should the mother re-
fuse to surrender the said child, when so demanded by
the said father, then and from thenceforth the said father
shall be released and discharged from the payment of all
such sum or sums of money as may thereafter become due
against the said father, for the support, maintenance and
education of any such child. If the said child should never
be born alive, or being born alive, should die, at any time,
and the fact shall be suggested upon the record of the said
court, then the bond aforesaid shall from thenceforth be
void. But when a guardian shall be appointed for such
bastard, the money arising from such bonds shall be paid
over to such guardian.

Sec. 6. If upon the trial of the issue aforesaid, the jury
Reputed ruber shall find that the child is not tne child of the defendant,
being acquitted or pretended father, tnen the ju lgment of the court shall
tbec'js's1" Pa> De luat he De discharged; the woman making the com-
plaint shall pay the costs of the prosecution, and judg-
ment shall be entered therefor, and execution may there-
upon issue.
Marriage of be Sec 7. ^ *ue mother of any bastard child, and the re-
rep .1 mher puted father, s iall at any time after its birth, intermarry,
and mother the ^ chiW sha|j? in a\{ respects, be (teemed and held

legitimate, and tne bond aforesaid be void.

Sec !!. No prosecution under this act, shall be brought

after two years from the birth of the bastard child: Pro

Limitation of ^idtd , the time any person accused shall be absent from

prosecutions ' in ,

the state, shall not be computed.

Sec. 9. All acts and parts of acts coming within the

purview of this act, are hereby repealed. Such repeal

kcts repealed s^a^ *n uo case a^ect or impair any rights acquired un-
der the acts hereby repealed. This act shall be in force
on the first day of July next.

[Approved, Jan. 23, 1827.}

JAILS AND JAILERS.
In force .luly AN ACT concerning Jails and Jailers.

1, 1S27

Sec t. Be it enacted by the People, of the State of Mi mis-
represented in the General Assembly, That there shall be
kept and maintained, in good and sufficient condition and
A common jail repaic. a common mil in each county within this state, at

to be k'r-ut in ' JL r • , • /• .

tacb comity tne peravine.it scat of justice ior such county.

JAILS AND JAILERS. 247

Sec. 2. The sheriff of each county in this state shall
have the custody, rule, keeping; and charge of (he jail griffs keeper
within the county, and of all prisoners in such jail, and ova own ays.
may appoint a jailer under him, and remove him at plea-
sure, for whose conduct he shall he responsible.

Sec. 3. It shall be the duty of the sheriff and jailer
to receive from constables and other officers and confine in pl> shall re-
such jail, all persons who shall be apprehended by such ceive prisoners
constables or oflicers for offences against this state, or who
shall be committed to such jail by any competent authori-
ty, until discharged by due course of law.

Sec. 4. It shall not be lawful for any sheriff or jailer, Debtors and
to confine or keep debtors, and persons committed for ^t separate
crimes, in the same room; but they shall be confined and
kept separate and apart from each other.

Sec 5. Every person who shal) be committed to the
common jail within any county of this state, by lawful au- Expenses of
thority, for any crime or misdemeanor, if he or she shall --n ft.ement to
be convicted thereof, shall pay the expenses of arresting J^PJid by p"r
and conveying him or her to the said jail, and also of his
or her support while in jail, before he or she shall be dis-
charged, and the property of such person shall be sub-
jected to the payment of such expenses from the time of his
or her arrest; and ail such expenses up to the time of con-
viction shall be included in the judgment for costs. All
expenses incurred for the support of such convicted person
after conviction, may be collected by order of the circuit
oourt, from time to time as occasion may require: Provi-
ded however, that said court may in their discretion
refuse to make such order upon being satisfied on the oath
of such convicted person or otherwise, that such C3nvict-
ed person has no property or means of satisfying such ex-
penses for his or her support.

Sec 6. Whenever any person committed to jail upon Poor persons
any criminal process, under any law of this state, shall de-s!';,ll> provfe
clare, on oath or affirmation, in writing, that he or she is JberSr b) ***
unable to buy or procure necessary food, the sheriff or
jailer shall provide such prisoner with necessary food, for His dampen***
which he shall be allowed a reasonable compensation, to lioa lUere-'-^
be ascertained by the county commissioners'1 court, and
paid as other county charges. And if from the inclemen-
cy of the season, the sickness of the prisoner, or other cause,
the sheriff shall be of opinion that additional clothes or
bedding are necessary for such prisoner, and such prison-
er shall be unable to obtain or procure the same, the said
sheriff shall furnish the same, for the use of such prisoner
during his confinement; for which he shall be allowed a
just compensation, and paid as aforesaid.

Sec 7. Every sheriff and jailer, and other person op

248 JAILS AJND JAILERS.

persons whatsoever, to whose custody or keeping any per-
son or persons shall be committed, by virtue of any writ or
process, or for any criminal offence, except on conviction
of any felonious offence, shall permit and suffer, him, her,
or them, so committed, at his, her, or their will and pleasure,
to send for, and have any cider, ale, beer, victuals, or other
necessary drink or food, from what place and whom they
please, and also to have and use such bedding, linen, and
other things, as he, she or they shall think lit, without de-
taining the same, or any part thereof, or enforcing or re-
quiring him, her or them, to pay for the having or using
thereof, or putting any manner of restraint or difficulty up-
on him, her or them, in using tiiereof, or relating thereto.
The grant! jury And it shall be the duty of the grand jury, at each term,
shall inspect a committee to consist ofat least three members there-

and report to of, to visit the jail of their county, and examine the con-
the circuit court d\{[on thereof, and inquire into the treatment of the pri-
soners, and make report thereof to the court. And it is here-
by made the especial duty of the circuit court, at each
term, to inquire and see that all prisoners, civil and cri-
minal, are humanely treated.

Sec. 8. All persons convicted of any felonious or other

high crime, and sentenced to imprisonment for six months,

Persons impri- or upwards, shall, for the whole term of their imprison-

sonetlit^lJ?1?~ menU Dc kept upon inferior, but wholesome food. All

on inferior 'food spirituous liquors are prohibited to such prisoners, unless

by the direction of some respectable physician.

Sec. 9. It shall be the duty of the keeper of the jail,
in every county within this state, to receive into his cus-
Unitcd States' tody, any prisoner or prisoners who may be, from time to
prisoners {{mQ committed to his charge, under the authority of the

United States, and to keep safely every such prison-
er or prisoners, according to the warrant or precept of
such commitment, until he or they shall be discharged by
due course of the laws of the United States.

Sec 10. The keeper of every jail aforesaid, shall be

subject to the same pains and penalties, for any neglect or

Neglect of duty failure of duty herein, as he would be subject to, by the

of jailer }aws 0f this state for the like neglect or failure in the case

of a prisoner committed under the authority of the said

laws: Provided, always, that the United States do pay, or

to°EK!tedn Cause to be paid, for the use and keeping of such jails,

of the marshal at the rate of fifty cents per month, for each person that

shall, under their authority, be committed thereto, andSal-

so to the jailer such fees as he would be entitled to for like

services rendered, in virtue of the existing Laws of this

stRte, during the time such prisoner shall be therein con*

JAILS AND JAILERS.

fined, and moreover, do support such of the said prisoners
as shall be committed for offences.

Sec. 11. Whenever the sheriff of any county in this
state shall be of opinion that the jail of his county is in- inwhatcases
sufficient to secure the prisoners, that shall he confined JJ*Jj|£(,™y be
(herein, it shall be his duty to give notice thereof lo the 8umm ne
county commissioners' court of such county; and also
whenever any sheriff shall have in his custody any per-
son or persons charged with any capital offence or other
high crime against the laws of this state, and the jail of
the county shall he insufficient, or if there shall be no jail
in his county, he may by and with the advice and direc-
tion of any of the judges of the circuit or supreme court
or of any two justices of the peace of his county employ a
guard sufficient tor the guarding and safe keeping of such
prisoner or prisoners in his own county; the said guard
not to exceed, however, in any instance, more than three
persons. The expenses of said guard to be audited and
paid as other county expenses.

Sec 1 2. It shall be lawful for the sheriff of any county
in this state, when there shall happen to be no jail, or when p-ison;-
when the jail of such county shall be insufficient, to com- ersmay be
mit any person or persons in his custody, either on civil or J^m onTeoun-
criminal process, to the nearest jail of some other county, iy to another'
in the same circuit; and it is hereby made the duty of the
sheriff or keeper of the jail of said county to receive
such person or persons, so committed as aforesaid, and
him, her or them, safely keep, subject to the order or or-
ders of the circuit judge for the said circuit.

Sec 13. It shall be the duty of the sheriff so commit-
ting any person or persons as aforesaid, for any criminal Notlce(0 tlK
offence, forthwith to notify the circuit judge for the cir- chcuit judge
cuit where such person or persons, so committed is, or are
to be tricd.ofthecommittingofsuch person or persons to the
jail of such other county; and transmit at the same time
to such circuit judge a copy of the day and cause of
the caption and detention cf sucH person or persons. —
Whereupon, it shall he the duty of such circuit judge, with-
in fifteen days next preceding the fust day of the circuit
court of the county where such person or persons is or are
to be tried, to issue a writ or writs of habeas corpus, direc-
ted to the sheriff or keeper of the jail of the county where
such person or persons is or are committed, commanding
him or them to have the body or bodies of such person or
persons thus committed, together with the day and cause
of his or their caption and detention, before the circuit
court of the said county for the trial of such offences, on
the first dav .' . i their pext term of the said court; audit

250 JAILS AND JAILERS.

shall be the duty of the said sheriff or keeper of the jail to
bring or cause to be brought, the said person or persons.
thus committed as aforesaid, on the day and at the place
mentioned in the said writ. And any shcriffor keeper of the
jail as aforesaid, failing or neglecting to make return as
aforesaid, and to bring the body or bodies of said person or
persons according to the command of the said writ, shall
be deemed guilty of a contempt of the said court, and
shall be liable to be attached aid committed to the jail of
the county, there to remain without bail or mainprize un-
til he shall obey such writ: And shall moreover forfeit to
the prisoner or party aggrieved, a sum not exceeding five
hundred dollars* to be apportioned according to the nature,
aggravations and circumstances of the case, and the inju-
ry which the party aggrieved may sustain thereby, to be
recovered by the prisoner or party aggrieved, in an action
on the case founded upon this statute; and the said shcriffor
keeper of the jail,may also in the discretion of the said court,
be removed from office, and rendered incapable of hold-
ing or executing the same thereafter. The sheriff for
committing any prisoner as aforesaid, or for executing
any writ of habeas corpus under this act, shall be entitled to
the like fees as are provided by law for similar services.
Sec 14. In all cases where a person is committed from
prwonmenf11" anotner county, for a criminal offence under this act, such
county or the prisoner shall pay the expenses, in the same
manuer as if the commitment had been in the county
where the offence was committed. And in civil suits the
plaintiff or defendant, shall pay the expenses in the same
manner as if the imprisonment had taken place in the
same county where the suit was commenced.

Sec, 15. The sheriff may be imprisoned in the jail of

SpriK>.!ed"?he ms own county? an<l f°r tne time lnat *ie sna^ De confined

coroner to within the walls of the prison, the coroner shall have the

ddV<* 'ail Cim0 custody, rule, keeping, and charge of the said jail; and

} Jdl shall by himself and his securities be answerabie for the

faithful discharge of his duties in that office.

Sec 1 6. The act entitled "An act for the safe keeping of
, prisoners,'* approved March 22d, 1819; and the act enti-
tled "An act authorizing the commitment of persons to the
jail of another county arrested in a county where there
is not a sufficient jail," approved March 2bd, 1819; and the
"Act for the safe keeping of prisoners committed to any
jail in this state, under the authority of the United States,"
approved January 20th, 1021, arc hereby repealed. This
act to effect from the first day of Julv next.

(Approved, Jan. 2G, 1827-1

GRAND AND PETIT JURORS. 251

**LV ACT prescribing the mode of summoning Grand and
Petit Jurors, and defining their qualifications and duties. In force June J

Sec. 1 . Be it enacted by the People of the State of Illinois
■represented in the General Assembly, That all free white
male taxable inhabitants, in any of the counties in this
state, being natural born citizens of the United States, or j^0gmay b"
naturalized according to the constitution and laws of the
United States, and of this state, between the ages of twen-
ty-one and sixty years, not being judges of the supreme
or circuit court, county commissioners, judges of probate,
clerks of the circuit or county commissioners' court, sheriffs,
coroners, postmasters, licensed attorneys, overseers of the
highway, or occupiers of mills, ferries, toll-bridges or turn-
pike roads, being of sound mind and discretion, and not
subject to any bodily infirmity, amounting to a disability,
shall be considered and deemed as competent persons, (ex-
cept in cases where legal disabilities may be imposed for
the commission of some criminal offence) to serve on all
grand and petit juries, in and for the bodies of their coun-
ties respectively.

Sec. 2. It shall be the duty of the county commission-
crs' court in each of the counties in this state, wherein a
circuit court is directed to be holden, at least twenty days commisaloaers
before the sitting of such court, to select twenty-three per- shall select
sons, possessing the qualifications aforesaid, and as nearly StandJurQr*
as may be, a proportionate number from each township in
their respective counties, and to cause their clerk, within
five days thereafter, to issue and deliver to the sheriff, or if
there be no sheriff, or he be disqualified, then to the coro-
ner of the county wherein the court is to be held, a sum-
mons commanding him to summon the persons so selected
as aforesaid, to appear before the said circuit court, at or
before the hour of eleven o'clock, a. m. on the first day of 16 shall make
the term thereof, to serve as grand jurors, any sixteen of a §iand jury
whom shall be sufficient to constitute a grand jury; which
said summons shall be served at least five days before the
sittiiig of the court, either by reading it to trie person to
be summoned, or by leaving an attested copy thereof at
his last usual place of abode.

Sec. 3. After the grand jury is empannelled, it shall be
the duty of the court to appoint a foreman, who shall have Fnremata may

1 «? -a l-l- i c t-u^-m swear witnesses

power to swear or amrm witnesses to testily belore tnem.
And whose duty it shall be, when the grand jury or any
twelve of them find a bill of indictment, to be supported
by good and sufficient evidence, to endorse thereon ua
true bill;" and when they do not find a bill .to be sup-
ported by sufficient evidence, to endorse thereon "not

m GRAND AND PETIT JURORS,

a true bill;" and shall in either case, sign his name a*-
foreman, at the foot of said endorsement; and shall also ir
each case, in which atruebillshall be relumed into court as
aforesaid, note thereon the name or names of the witness
or witnesses, upon whose evidence the same shall have
been found.
Oath of the ^EC* *' Before the grand jury shall enter upon the dis-

foreman charge of their duties, the following oath shall be admin-

istered to the foreman, to-wit: "You as fort man of this
inquest, do solemnly swear, (or affirm, as the case maybe)
that you will diligently enquire into, and true presentment
make of all such matters and things, as shall be given you
in charge, or shall otherwise come to your knowledge,
touching the present service; you shall present no person
through malice, hatred or ill will, nor shall you leave any
unpresented through fear, favor or affection, or for any
fee or reward, or for any hope or promise thereof; but in
all your presentments you shall present the truth, the
whole truth and nothing but the truth, according to the
best of your skill and understanding, so help you God."
And the following oath or affirmation, shall be administer-
ed to the other jurors, to-wit: "The same; oath that A.
B. your foreman has just taken before you on his part,
you and each of }rou shall weii and truly keep and observe
on your respective parts, so help you God."

Sec. 5. No grand jury shall make presentments of their
What evidence own knowledge, upon the information of a less number

shall make pre- .1 , P ., y . * , -, .. . . ,

sentments "lan two °( «»eir own body, unless the juror giving the
information, is previously sworn as a witness, in which
case, if the evidence shall be deemed sufficient, an indict-
ment may be found thereon, in like manner as upon the
evidence of any other witness, who may not be of the

Sec. C. It shall also be the duty of the county commis-
Pettoiutr selec ?*oners' court, in each of the counties in this state, where-
ted by county *n a circuit court is directed to be held as aforesaid, at
oommissione'rs' least twenty days before the sitting of such court as afore-
said, to select twenty four persons, possessing the qualifica-
tions .aforesaid, who'sball compose and constitute two full
petit juries, to serve as such at the next succeeding term
of the circuit court, in each county respectively," to be
summoned in like manner as is herein before directed in
the case of grand juries.

Sec. 7. It shall be the duty of the clerk of the circuit
court, at the commencement of each term, to write the
name of each petit juror on a separate ticket, and put the
whole into a box or other place for safe keeping; and an
often as it shall, be necessary to empanncl a jury, the clerk

•oart

GRAND AND PETIT JURORS. 251

sheriff,or coroner, shall in the presence of the court, draw
by chance, twelve names out of such box or other place,
which shall designate the twelve to be sworn on the jury,
and in the same manner for the second jury, in their turn,
as the court ma), from time to time, order and direct.

Sec. 8. In all cases, where any sheriff or other officer,
shall be commanded to execute any summons as aforesaid, gumtnonghow
lie shall be required to make timely return thereof, to the executed and
clerk, who may have issued the same, with an endorse- returned
meat thereon, certifying on whom it has been executed,
and the time when; and in default of so doing, such sher-
iff or other officer, shall be considered as guilty of a con-'
tempt, and may be fined for the use of the proper coun-
ty, in any sum not less than ten, nor more than fifty dollars,
unless such sheriff or other officer, shall seasonably make
his excuse, to the satisfaction and acceptance of the
court.

Sec. 9. If a sufficient number of grand or petit jurors,
when selected and summoned as aforesaid, shall not ap- Tales mdu
pear, or if by reason of challenges, or any other cause.
there shall not be a sufficient number of qualified per-
sons to mike up the pannel, the court may order the sher-
iff to return without delay, such number of good and law-
ful men of the county, as may be necessary, for that pur-
pose; aiid when the sheriff is interested, or related to
either of the parties, the court may direct the coroner to
make such return; and if any circuit court should at any Comra'rs court
time sit, before the county commissioners' court shall have making no seJ

ii*.. c j i'j. ' c -J Irction, the cir-

made a selection of grand or petit jurors as aforesaid, or cuit coun may
if on any account the whole pannel in either case shall order a jury to
fail to attend, the court may order the sheriff or other offi- he s,lnmo,it(r
cer,to summon from the bystanders, being qualified persons
as aforesaid, a sufficient number to supply such deficiency;
who shall continue to serve for the remainder of the term,
unless they shall be sooner discharged by the court.

Sec. 1 . Every person who shall fail to attend, when
lawfully summoned to appear as a grand or petit juror l™$™XlZ
as aforesaid, without having a reasonable excuse, shall be asa juror
considered as guilty of a contempt, and shall be fined by
the courts, respectively, in any sum not less than five, nor
more than twenty dollars, for the use of the proper coun-
ty; unless good cause be shewn for such default, at, or be- Proceedings
tore the next term of such court; and it shall be the duty ^8ja^
of the clerk to issue a summons against all such delin-
quents (where such persons shall not come in without pro-
cess) to shew cause at the next succeeding term of such
court, why lie or they should not be fined for such con-
npt; at which or any subsequent term, the court sh >l!

254 "GRAND ANVD PETIT JURORS,

proceed to assess said fine, unless the person or persons sq~
summoned and failing to attend as aforesaid, shall appear
and shew good cause for such delinquency Provided, that
the oath or affirmation of any such delinquent, shall at
all times be received as competent evidence in his favor.
Sec. 11. In case of the death, sickness, or non-attend-
ance of any grand or petit juror, after he shall have been
sworn upon the jury, or where any such juror as afore-
said, after being sworn as aforesaid, shall for any reason-
able cause be dismissed, or discharged, it shall be lawful
for the court to cause others, if necessary, to be summon-
ed and sworn, in his or their stead.

Sec. 12. Each petit juror shall receive twenty-five

Compensation cents, for each case which he may be sworn to try, to be

of petit jurors advanced by the plaintiff, and taxed in the bill of costs,

against the defendant, if he be cast in the suit, except in

criminal cases, where no allowance or charge shall be

made, either to jurors or witnesses.

Sec. 13. All grand and petit jurors shall be privileged
from arrest, in all cases, except for treason, felony, breach
ieeed fromar- °^ *^e Peace or °ther criminal offence, during their at-
rest tendance at court, going to and returning from the same;

allowing one day for every twenty miles from and to their
several places of abode, and all arrests, in such cases,
shall be deemed as illegal and void.

Sec 14. It shall be the duty of the county commission*

Rotation in ers' court. to arrange and select the grand and petit ju-

sprvice rors as aforesaid, so that no one person shall serve on the

jury a second time, before all fit persons of the county

shall have respectively served in rotation, according to

the best information that can be obtained.

Sec. 15. That the act entitled " An act prescribing the
mode of summoning grand jurors*' approved March 23d,
1819, the act entitled ''An concerning petit jurors approv-
Acts repealed ed March 25th, 18,9; the act entitled "An act to amend
an act entitled an act prescribing the mode of summoning
grand jurors,*' approved February 9th, 1821; the act
entitled "An act amending an act entitled an act pre-
scribing the mode of summoning grand jurors," approved
February 18th, 1823, and all other acts and parts of acts
coming within the purview of, or repugnant to this act,
be and the same are hereby repealed. This act to tak,e
effect from and after the first day of June next.

{Approved* Feb. 1, 182$.]

JUSTICES OF THE PEACE AND CONSTABLES. 255

AN ACT to provide for the election of Justices of tfie Peace 1" force Dec*
and Constables. 30' l8*C'

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That from and after Act repealed
the first day of October next, the act entitled "Ad act re-
gulating the manner of appointing justices of the peace,"
approved February 19, 1819, shall be and the same is
hereby repealed.

Sec 2. It shall be the duty of the courts of county Counties to fee
commissioners of each county in this state at their fTffi. lQt0 ^
eext June term, to divide their respective counties into
a convenient number of districts, not less than two, nor
more than eight, distinctly defining the boundaries of each
district, giving to each a name, to appoint a place therein
for holding the elections hereinafter mentioned, and to
aause the same to be entered of record in their respective
courts. Should any of said courts fail or neglect to
lay of)' their county into districts as aforesaid, at their
said June term, it shall be their duty to call a special
term of the court, for that purpose, and to proceed to lay
off their county into districts, in all respects as aforesaid.
It shall be the duty of the clerks of said courts respective- Clerks to Cur-
ly to make out forthwith as many copies of said records,™* ^faof
iis there shall be districts in his county and to deliver the orders
same to the sheriff, whose duty it shall be within ten
days after the close of the term of the court at which
the county shall be so divided into districts, to post up at
the place appointed for holding elections, in each of said
districts, one of said copies.

Sec. 3. The said courts shall, respectively, at their
said June term, and at their June term every fourth jU(^esofeleas
year thereafter appoint three electors in each of said dis- tioaap pointed*
tricts to be judges of election therein; and should any of
said courts at any such term, fail to appoint judges of
election, it shall be their duty to call a court for that pur-
pose; and judges of election, who shall be appointed as
aforesaid, shall continue in office for four years, and until Sc'T'^rV0
their successors shall be appointed. When a vacancy
shall happen in the office of judge of election, or when
any such judge shall fail to attend, or refuse to serve, the
vacancy shall be filled, or the judge appointed in the man- Vacancies how
ncr prescribed in like cases by the general election law. filled
The said judges, and all other judges to be appointed by N .
-his act, shall give the notice of election, be qualified, ap- thnand pro-
point clerks, who shall he qualified, and the elections here- ceeding ther^
inafter mentioned, shall be conducted, returns thereof m
made, opened, examined, abstracts thereof made, and

256 JUSTICES OF THE PEACE AND CONSTABLE-

transmitted to the office of secretary of state, in the man-
ner prescribed by law for the election of sheriffs, and the
said judges of election shall be notified of their appoint-
ment in the manner prescribed for notifying other judges
of election: Provided, that nothing in this act shall be so
construed as to give the judges of the election or clerks
any compensation for their services.
Number of jus. Sec 4* ^n election shall be held in each of said dis-
tich in each tricts, on the first Monday in August next, and on the first
decTV0 be Monday in August every fourth year thereafter, for two jus-
tices of the peace in each of said district?, except the district
in which the county seat shall be, in which district there
shall be three justices of the peace elected, and the jus-
Toe ntinu in ^ces so ejected, shall continue in office for the term of
office4y<rars four years, and until their successors shall be elected and
qualified to office, respectively; at which election the in-
to vo°JUal'fied habitants of a district qualified to vote at the general elec-
tion, shall be entitled to vote. The persons receiving the
highest number of votes in a district shall be declared du-
ly elected.
Vacancies how Sec. 5« When a vacancy shall happen in the office of
filled justice of the peace in a district under this act, it shall be

the duty of the clerk of the county commissioners' court
of the county in which the vacancy shall so happen, to
issue his order to the judges of election in the district,
requiring them on a certain da), not less than twenty days
from the date of such order, to hold an election to fill
such vacancy, and the said judges shall at the time ap-
pointed in said order, hold an election to fill such vacancy;
and conduct the same, and make returns thereof, which
shall be opened, examined, abstracts thereof made and
transmitted to the secretary's office, in the manner direct-
ed in the fourth section.
^, . . Sec. 6. When a new countv shall hereafter be created,

elections in ., , ... ,. , . r . . " , r , • •

new counties it shall be the duty of the court of county commissioners
thereof, at their first term, to divide the same into districts
ns aforesaid, and appoint judges of election, and a time

, and place for holding elections therein as aforesaid, and to
cause the same to be entered of record; and if from any
cause, the said court shall fail or, neglect the duty afore-
said, at their said first term, it shall be their duty to 'hold
a special term for that purpose; and the clerk shall make

■ out copies of such record, and the sheriff shall post up
the same, as is provided in the second section of this act;
and elections shall be held therein, for just ices of the peace,
returns thereof made, examined, and transmitted, in all re-
spects as provided in the fourth section of this act; and

justices of the peace so elected, shall continue in office un-

JUSTICES OF THE PEACE AND CONSTABLES. 25}

til the next quadrennial election of justices of the peace,
and until their successors shall he elected and qualified.

Sec 7. It shall be the duty of each and every justice
of the peace, who shall be in office, on the first day of Justices nowia
October next, to deliver over within ten days thereafter, office to deliver
to the clerk of the court of county commissioners of his ^
county, all the statutes with which he may have been
furnished by the state, and it shall be the duty of such
clerk to receive and receipt for the same, and to
deliver, on application, to each of the justices to be
elected as aforesaid under this act, one set of said stat-
utes; when justices shall be superseded at a quadrennial
election, they shall deliver the statutes in their possession
to tiie clerk as aforesaid, for the purposes aforesaid; and
when any justice who shall be elected under the authority
of this act, shall resign, be removed, or be superseded in
office, except at the quadrennial election, or shall die, it shall
be his duty, or in case of nib death, the duly of the person
having possession of the statutes, with winch he shall have
been furnished, within ten days after lie shall be succeed-
ed in office, to deliver over such statutes to such successor.
It shah be the duty of each of the justices of the peace, .
who shall be in office on the first day of October next, with-
in ten days thereafter, to deliver over to the nearest jus-
tier of the peace, who shall then be in office under this act,
all the dockets, books and papers, in his possession, rela-
tive to the business transacted before him as a justice of
the peace; and when any justice of the peace to be elect-
ed under this act, shall be succeeded in office, it shall be
his duty, or in case of his death, the* duty of the person
having possession of his docket, hooks, and papers, relat-
ing to the business transacted before him, as such justice,
to deliver over the same, within ten days after being so
succeeded, to his successor in office; and any justice of
the peace, to wnorn any such docket, books and papers,
shall be delivered, shall proceed in the unfinished busi-
ness thereof, in all respects, .as though the business had
hcen originally instituted before him.

Sec. 8. The election of a justice of the peace, and the

i p tii i i i • iu „„ Elections how

election of a constable, may be contested in the manner contested> '
prescribed by law for contesting the election of sheriffs.

Sec. 9. Justices of the peace who shall be elected un-
der the authority of this act, shall have jurisdiction in .TurisJictwm P:

• i i ii i • • j u justices. &c.

their respective counties, and shall be commissioned oy
the governor, and sworn into office, as now required by
law.

Sec. 10. Any clerk, sheriff, justice of the peace, judge ;
of the election, or other person, who shall fill, neglect or

J58 JUSTICES OF THE PEACE AND CONSTABLES,

Penahv Cordis- refuse, to perform any of the duties enjoined by this act,
provisious^f relative to elections or the delivery of statutes, dockets,
act books, or papers, shall, for any such failure, neglect, or

omission, forfeit and pay for the use of the county, to be
recovered by action of debt, in the name of the county-
commissioners, in any court having jurisdiction thereof;
if a judge of election, clerk, or sheriff, the sum of ten
dollars, and if a justice of the peace the sum of one hun-
dred dollars.

Sec. n. On the first Monday in August next, and on
Election of con- the first Monday in August every fourth year thereafter,
stables. at t{le tjme of e|ec^„g jU3tices of the peace, there shall

be elected in the same manner, two constables for each of
Vacancies how sa*d districts, who shall continue in office for the same
filled. term as Justices of the peace; and when a vacancy shall

happen in the office of constable, it shall be filled in the
manner prescribed for filling vacancies in the office of
justice of the peace. And when a new county shall be
created, two constables shall be elected in each district
therein, in the same manner, at the same time, and to con-
tinue in office for the same term, as justices of the peace
are required, in new counties.
Constables cer- Sec. 12. It shall be the duty of the respective clerks of
tificate & bond the courts of county commissioners, to give to the consta-
bles respectively, certificates of their election; and it
shall be the duty of every constable so elected, before en-
tering on the duties of his office, at the next term of the
county commissioners1 court, held for his county, after his
election, to execute and deliverjn court a bond for the
faithful performance of the duties of his office, condition-
ed and payable as now required by law, with two or more
sufficient securities, to be approved by said court: Which
bond shall be filed with the clerk of the court for the be-
nefit of the persons interested, or to become so; and it
Bonrltobe ex- s^a^ ^e *-ne c^uty °^ ever7 sucn constable, at the end of
ecuted annually every year thereafter, to execute and rile a new bond as
aforesaid ; and upon failing to do so, it shall be the duty of
the clerk of the court of county commissioners of his
county, to treat his office as vacant; and order an election
to fill such vacancy, as in other cases.

Sec. 1 . Constables to be elected under this act, shall
Const-Mes be sworn into office before entering on the duties of the
Bwomintoof- 0ftiCCi as now required by law. So much of the act re-
Law a repealed cited in the first seetion'of this act as provides for the ap-
pointment of justices of the peace, is. hereby repealed;
and so much of any law, as authorizes courts of county
commissioners to appoint constables, shall be repealed.
Proviso from and after the tenth day of September next. No-

JUSTICES OF THE PEACE AND CONSTABLES. 25*

thine: in this act contained, shall be construed so as to pre-
vent any justice of the peace who shall be commissioned
and qualified under this act, when there shall not be a
constable in his district, from appointing a constable, as
now required by law, who shall be qualified as now re-
quired in such cases, and shall continue in office until su
perseded by an election.

[Approved, Dec. 30, 1826.]

JUSTICES OF THE PEACE AND CONSTABLES.

AN ACT concerning Justices of the Peace and Constables. \n fopce ^

to J June, l8-«7.

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That the justices of the Jurisdiction of.
peace in this state, shall have jurisdiction within their re-^ls.^0es(rf thc
spective counties, to hear and determine all civil suits, 4br l* *
any debts or demands of the following description, viz;
For any debt claimed to be due on a promissory note, con-
tract or agreement in writing, where the whole amount of
such written contract, agreement or note, shall not ex-
ceed one hundred dollars. For any debt due upon a ver-
bal contract or promise for a valuable consideration, not
exceeding one hundred dollars. For any debt claimed to
be due for goods, wares or merchandize sold and deliver-
ed; or for work or labor done or services rendered, where
the amount claimed shall not exceed one hundred dollars.
For any debt, claimed to be due for money had and re-
ceived, for mo*cy lent, for money paid by the plaintiff for
the defendant at his request, and for money received by
the defendant for the plaintiff's use, not exceeding one
hundred dollars. For any debt claimed to be due upon
open and unsettled accounts between individuals, where
the whole amount of the accounts of either party shall
not exceed one hundred dollars. For any debt claimed
to be due upon any settled account, where the balance
settled and ascertained between the parties, and remain-
ing unpaid, shall not exceed one hundred dollars. For
any debt ciaimed to be due upon a contract for rent, not
exceeding one hundred dollars. For any debt claimed
to be due for any specific article of property, whether due
by bond, note, or verbal promise, not exceeding one hun-
dred dollars. And for all debts claimed to be due, not.
exceeding one hundred dollars, for which the action of
debt orofassumpsitwouldlie: Provided, that nothing herein
til be con-trued so as to vest a justice of the

2GQ

JUSTICES OF THE PEACE AND CONSTABLES.

istratoi s are
parties

Their docket

Where execu- peace with jurisdiction, in any case in which an executor
or administrator shall he a party, where the sum demand
ed exceeds twenty dollars; except for debts due for pro-
perty purchased at ar executor or administrator's sale,
when the same does not exceed one hundred dollars.

Sec. 2. That it shall be the duty of every justice,
whenever a suit snail be commenced before him, to record,
in a book kept for ihat purpose, the names of the parties,
the amount and nature of the debt sued for. the dale and
description of the process issued, and the name of the of-
ficer to whom such process shall be delivered ; and through-
out the whole of the proceedings in any ^uit, it shall be
his duty, whenever any process shall he issued or return-
ed, or any order made, or judgment rendered, to make a
written memorandum of the same, in the same book, and
to file and safely keep all papers given him in charge.

Sec. 3. Every suit before a justice, except such as are
hereinafter provided for, in a different manner, shall be
commenced by summons, which shall be in the following
form, as nearly as the case will admit, viz:

Summons

People of the State of Illinois, to
any Constable aj said County*

B. to

State of Illinois,) Th

Count v. $

Greeting:

You are hereby commanded to summon A.

pear before me at on the day of

at o'clock to answer the complaint of C. D. for

a failure to pay him a certain demand not exceeding one

hundred dollars; and hereof make due return as the law

directs. Given under mv hand and seal, this day of

11)2 JOHN DOE, J. i\

In which summons the Justice shall specify a certain place,
day and hour, for the trial, not less than live, nor more
than .fifteen days from the date of such summons; at which
S . . _ i time and place the defendant is to appear; which process
shall be served at least three days before the time of trial
mentioned therein, by reading the same to the defendant
or defendants.

Sec 4. if, previous to the commencement of a suit, the
plaintiff shall make oath that there is danger that the debt
or claim of such plaintiff will be lost/unless the defendant.
be held to bail, and shall state, under oath, the cause oi
SucK danger, so as to satisfy the justice that there is rea-
son to apprehend such loss, the justice shall issue a war-
. rant, which shall he in the following form, as nearli
the ca»e will admit ^ fz:

JUSTICES OF THE PEACE AND CONSTABLES. 261

State of Illinois,) The People of the State of Illinois, to Capias
County;} any Constable of said County ^Gngeting:
You are hereb) commanded to take the body of
and bring him forthwith before me, unless special bail
be entered; and if such bail be entered, you will then
command him to appear before me at on the day

of at o'clock to answer the complaint of

A. B. for a failure to pay him a certain demand not ex-
ceeding one hundred dollars; and hereof make due return
as the law directs. Given under my hand ai-d seal this
day of 182 JOHN DOE J. P.

And in all cases the defendant shall have a right to re-
lease hi?, or her body arrested by virtue of such process, by
giving special bail to the constable executing the same, sl)ecialban
which shall be endorsed on the back of the warrant in the
following form, as nearly as the case will admit, viz: "J,
G. F. acknowledge myself special bail for the within nam-
ed C. D. Witness my'hand this day of 182 G. F."
Which endorsement shall be signed by one or more secu-
rities to be approved by the constable taking the same,
and shall have the force and effect of a recognizance of
bail> the condition of which is, that the defendant if judg-
ment shall lie given against him or her, will pay the same Effect thereof
with costs, or surrender his or her body in execution, and
in default of such payment or surrender, the goods and
chattels o{ the bail s all be liable for the payment of the
judgment and costs: Provided, that if the body of the dc- Proviso
fondant shall be rendered in execution by himself or his
bail, within thirty days after the issuing of such execu-
tion, or if a sufficiency of the defendant's property shall
be found to satisfy the judgment and costs, the bail shall
be exonerated; but if neither the body of the defendant
shall be surrendered, nor a sufficiency of his or her pro-
perty can be found within the lime aforesaid, to pay the
judgment and costs, then the justice shall issue execution
against the bail, who shall be dealt with in tiic same man-
ner as if he were defendant.

Sec. 5. If the defendant shall not appear at the time of
trial, after giving bail as aforesaid, or after being served J^ S^ef?*
with a summons, as described in the third section of this
act, and no surlicient reason be assigned to the justice,
why he or she docs not appear, then the justice shall pro-
ceed to hear and determine the cause, in the absence of
said defendant, but shall not give judgment in favor of
the plaintiff, unless the said plaintiff shall fully prove his
demand in the same nqpnner as if the defendant had been
sent and denie ! tlfe same.

262 JUSTICES OF THE PEACE AND CONSTABLES',

Plaintiff not ap. gEC, $. If the plaintiff or his agent shall not appear at

5e dismissed10 tne ^me appointed for the trial aforesaid, and no sufficient
reason shall be assigned to the justice, why such plaintiff
or his agent does not appear, the justice shall dismiss the
suit, and the plaintiff shall pay the costs, unless the de-
fendant shall consent, that such suit shall be continued to
another day, in which case, the s;ime proceedings shall
take place at the second day, so fixed for the trial as above
provided; but this section shall not require the dismissal
of a suit on a note placed in the hands of a justice for
collection.

Sec. 7. If two or more persons shall be sued jointly,

Appearance of before any justice of the peace, and all of such defen-
dants shall have had notice as aforesaid, by warrant or sum-
mons, the appearance of any one of the said defendants,
at the time of trial shall be sufficient to justify the said
jnstice in proceeding as if all were present; and if none
of said defendants shall appear after such notice, the jus-
tice shall, if the plaintiff's demand, be established as afore-
said, proceed as in other cases of default; and in either of
the aforesaid cases, the justice shall not divide the amount
of the debt proved among the defendants, but shall give
one entire judgment for the whole amount proved to be due
against so many of the defendants jointly, as shall be pro-
ved to be jointly indebted to the plaintiff. But if it shall
appear to the justice, that any two or more of the defen-
dants are severally indebted to the plaintiff, upon separate
and different debts, or causes of action, or upon several
or different promises or contracts, such plaintiff shall not
be allowed to prosecute his suit against such defendants
jointly. When there are several joint debtors, and all
cannot be served with process, the justice may render
judgment against such as are served with process.

Sec. 8. Previous to the commencement of any trial be-

Continuance fore a justice of the peace, either party may move to have
such trial put off for a time not exceeding ten days, upon
making proof, either upon his own oath, or that of a credi-
ble witness, that the said party cannot safely proceed to trial,
on account of the absence of a material witness, or on ac-
count of any other cause or disability, which would pre-
vent him from obtaining justice at such trial; and if the
justice be satisfied, that the party so applying cannot safe-
ly proceed to trial; and also that the party so applying
has used due diligence to be ready at the time of trial first
appointed, and that his not being ready is not the effect of
such party's own neglect or intention; then the said justice
shall order the (rial of said cause to be deferred to anoth-
er day and hour, within ten days to be by him appointed;

JUSTICES OF THE PEACE AND CONSTABLES. 26,?

and the party praying such continuance, shall pay all the
costs occasioned thereby: Provided, the justice may Proviso
at anytime continue any case without oath, if the parties
consent, or if but one party be present, and shall consent,
or if he shall deem it essential to justice so to do, for any
good cause shewn.

Sec. 9. When the parties shall appear and be ready Trial and judg-
for trial, the justice shall proceed to hear and examine m
their respective allegations and proofs, and shall thereon
give judgment against the party, who shall be proved to be
indebted to the other, for so much money in dollars and
cents, as shall appear to be due, with the costs of suit; but if
neither party shall appear to be indebted to the other,
then the judgment shall be against the plaintiff for the
costs of suit only; and if such judgment be rendered up-
on any note or bond, or for the balance due upon a settled ac-
count, the justice shall allow interest from the time when
the same became due, and include the same in the said
judgment; and in all cases the judgment shall bear inter-
est at the rate of six per cent, per annum, until paid.

Sec. 10. The justice shall endorse on the back of eve- Endorsement
ry summons, or warrant, the sum demanded by the plain- on process
tiff, with the costs due thereon, and the defendant may pay
the same to the constable in whose hands such process
may be, who shall give a receipt therefor, which shall ex- ,
onerate the defendant from debt and costs.

Sec. 11. All evidence before a justice of the peace Evidence
shall be under oath, and by parol, except where it shall
be necessary to exhibit the signature, or hand writing of a
party against him, and except such evidence as shall be
taken by deposition, as hereinafter mentioned.

Sec. 12. No party to any suit before a justice shall be Denial of writ-
permitted to deny his or her signature to any written in- Inf, tobsUQck'-
itrument upon which such suit shall be founded, or which
shall be offered as a set-ofKoracquittanee forthe debt deman-
ded in such suit, unless the said denial be under the oath
of the party, so denying the signature purporting to be
his or her own.

Sec 13. If any witness residing within the county
wherein a*uit shall be pending before a justice, shall be
unable to attend on account of age, sickness or other cause, DeP05lU015*
it shall be lawful for the justice before whom such suit
shall be pending, or some other justice of the county to
take the deposition of sue!) witness in writing: and the
justice before whom the suit shall be pending, shall ad»
journ the trial, not more than six days for that purpose, and
shall give both parties notice of the time and place of tak-
ing such deposition.

JUSTICES OF THE PEACE AND CONSTABLES.

rSel--fr

All claims to

ha tried

in one

aetion

"Subpcena for

witnesses

Compensation

M uil.-iLSSCS

Sec. 14. If any witness whose testimony shall be ma-
terial in a suit pending before a justice, shall reside out of
the county, wherein such suit shall be pending, the party de-
siring it, may take his, her orlheir deposition or depositions,
before any justice of the peace in the county in which
such witness or witnesses reside; and the depositions ta-
ken in conformity thereto, may be given in evidence in
said suit, if it shall be made to appear that the opposite
party had reasonable notice of the time and place of tak-
ing such depositions.

Sec. 15. No defendant shall be permitted to introduce
at the trial as a set-off, any note, bond, debt, or claim
agairst the plaintiff, which such defendant shall have pur-
chased after the commencement of the suit.

Sec. 16. In all suits' which shall be commenced. before
a justice of the peace, each parly -hail bring forward all
his or her demands against (he other, which are of such a
nature as to be consolidated, and which do not exceed one
hundred dollars, when consolidated into one action or de-
fence; and on refusing or neglecting to do the same,shall
forever be debarred from the privilege of suing for any
such debt or demand.

Sec. 17. When either party shall require the atten-
dance of a jvitness, in any suit pending before a justice, it
shall be the duty of the justice to issue a subpoena in the
following form, as nearly as the case will admit, viz:

State of Illixoi.-
C(

LL1XOIS.")

Bounty. 4

The People of the State of Illinois, to
A. B.

You are hereby commanded to appear before me at
on the day of at o'clock,

then and there to testify the truth, in a matter in suit
wherein C. D. is plaintiff and E. F. defendant, and this
you arc not to omit under the penalty of the law. Giv-
en under ray hand and seal this day of 182

JOHN DOE, J. P.
Which subpoena may be served by a constable, or any oth-
er person, by reading the same to the witness, but no mil-
age shall be allowed to the person serving the same.

Sfx. 13. Each witness so summoned, shall be entitled
to fifty cents f<>;- attendingon each trial, to be taxed with
the other costs of suit, and paid when the debt and costs
are collected; hut if more than two witnesses shall be
sworn in any ease, to testify to one fact on the same side,,
the party requiring such extra witnesses shall be at the
whole expense of procuring the same; but no such fee

JUSTICES OF THE PEACE AND CONSTABLES. 265

shall be taxed by the justice, unless claimed by the wit-
ness attending.

Sec. i9. If both parties agree to have a difference de- Trial without
tided by a justice of* the peace, without process, he shall l,roce6S
enter tiie same on his docket, noting particularly such con-
sent, and proceed as in other cases.

Sec. 20. In all cases the parties to a suit before a jus-
tice, shall have the privilege of refering the difference be- Arbltratlpu
twecn them, to arbitrators, mutually chosenjby them, who
shall examine the matter in controversy, and make out
their award thereon in writing, and deliver the same to the
justice, who shall enter the said award on his docket and
give judgment according thereto.

Sec. 21. At any time before judgment is given in any
-uit before a justice, either party may demand to have Trial byjuty
the cause tried by a jury, provided the matter in contro-
versy exceed twenty dollars: whereupon it shall he the du-
ty of the justice to issue his writ directed to any consta-
ble commanding him to summon a jury of six men, or
twelve, if a less number be objected to; and the said ju-
ry shall be empannelled as soon as may be, the justice ad-
journing the cause if necessary to any time not exceeding
three days for that purpose. . The jury when empannel-
led, shall he sworn Uy the justice to try the case accord-
ing to the evidence; -and the justice shall, enter judgment
upon their verdict, according to the finding thereof. The
following shall be the form of the writ for summoning ju-
rors, viz:

State of Illinois,)
County, )
The People of the State of Illinios, to any Constable of said

County, Greeting: Vetn.fe

We command you to summon lawful men of your

county to appear before me at on the day of

182 who are not of kin to plaintiff, or to

defendant, to make a jury between said parties in
a plea of because as well the said plaintiff as the

said defendant have put themselves upon the country for
trial'; and have you then there the names of the jury and
'his writ. Witness my hand and seal this day of 182

JOHN DOE, J. P.
. 22. In all cases where a witness shall he duly serv- At(ach,neut
ed with a Subpoena, and shall fail to attend at the trial, con- against witnes*
formably thereto; and in all cases where a person shall 8es aml JtlrrvT;
be summoned as a juror to try any cause before a justice
of the peace, and shall fail to attend at the time and place
appointed in such summons, the justice shall have power
ue art attachment, directed to any constable of the

•

26Q JUSTICES OF THE PEACE AND CONSTABLES

county, commanding him forthwith to bring before such
justice, the body of such juror or witness so failing to at-
tend as aforesaid, to shew cause why he should not be fined
for such contempt; and on the appearance of such juror
or witness on such attachment, it shall be lawful for the
justice of the peace to fine him in any sum not less than
one d liar nor more than ten dollars, or wholly discharge
him, if satisfactory excuse be made.

Sec» 23. If any juror summoned as aforesaid shall be
interested in the event of the suit or of kin to either party,
Sro»fiCatiDn °f or sha^ ^ave exPressea* his opinion on the matter about to
be tried, or shall for any othercause to be judged of by the
justice, be considered as a partial or improper juror; in
that case the justice shall discharge such juror, and when
by such discharge, or the failure of any juror to attend,
the jury shall not be complete, the justice shall dire< tthe
constable to summon as many persons as shall be required
to complete such jury instantly, from among the bystan-
ders or other persons in his bailiwick; which summons
shall be verbal; and the persons so summoned shall be
bound to serve on such jury, and on refusal or failure to do
so, may be attached and fined for contempt as aforesaid.
Sec. 24. Every person who shall appear before a jus-
Fine for misbe- tice of the peace when acting as such, or who shall be pre-
havjour gej^ a^. an^ jegpaj proceeding before a justice, shall de-

mean himself in a decent, orderly and respectful manner;-
and for failure to do so, such person shall be fined by the
said justice for contempt, in any sum not more than five
dollars.

Sec. 25. Previous to the commencement of any trial
before a justice of the peace, the defendant or his or her
Removal oftn- ag8nt may make oath that it is the belief of such depo-
justice to anoth Iient that the defendant cannot have an impartial trial be-
er fore such justice: whereupon it shall be the duty of the
justice, immediately to transmit all the papers and docu-
ments belonging to the suit, to the nearest justice of the
peace, who shall proceed as if the said suit had been insti-
tuted before him.

Sec 26. No execution shall be issued by a justice of
Execution to the peace, until after the expiration of twenty days from
b« staged 20 the date of the judgment, on which such execution is to
be issued, unless the party applying for the same, or the
agent of such party, shall make oath that he believes that
the debt will be lost, unless execution be issued forthwith.
If such oath be made, then the execution shall be issued
immediately, and levied, but no sale of any property, un-
der such execution shall take place within twenty days
from the date of the judgment; nor shall the issuing qf

JUSTICES OF THE PEACE AND CONSTABLES. 26?

such execution deprive either party of the right to ap- Appeal
peal.

Sec. 27. All executions issued hy a justice of the peace
shall be directed to any constable of the proper county, issueti, &c
and made returnable to the justice issuing the same, with-
in seventy days from the date; such executions shall be
levied only on personal property, and shall be in the fol-
lowing form as nearly as may be, viz:

State of Illinois,)

County. £ , cjja

The People of the State of Illinois, to any Constable of said tjon
County, Greeting:

We command you that of the goods and chattels of A.
B. in your county, you make the sum of dollars and

cents debt and dollars and cents costs,

which C. D. lately recovered before me in a certain plea
against the said A. B. and hereof make return to me
within seventy days from this date. Given under my hand
and seal this day of 182

JOHN DOE, J. P.

Sec. 28. When it shall appear by the return of any ex- Execution tQ y.
ecution issued as aforesaid, that the defendant has not per- sue to a foreign
sonai property within the county, sufficient to satisfy the county
debt, and it is desired by the plaintiff to have execution is-
sued to some other county in which it is alleged that the
defendant has personal property, the justice shall issue
execution directed to any constable of the county, where
such property shall be said to be, to which execution, shall
be attached an official certificate of the clerk of the cir-
cuit court of the county in which the same shall be issued,
setting forth, under the seal of said court, that such jus-
tice so issuing, was at the time of the issuing of s;;id exe-
cution, a justice of the peace, in and for said county; and
no constable shall be bound to execute any such process
unless so authenticated. '

Sec 29. When it shall appear by the return of the ex-
ecution first issued as aforesaid, that the defendant has roa7property
not personal properly sufficient to satisfy the debt and
costs within the county, in which judgment was rendered,
and it is desired by the plaintiff to have the same levied
on real property, in that, or any other county, it shall be
lawful for the justice to certify, to the clerk of the circuit
court of the county in which such judgment was render-
ed, a transcript, which shall be filed by said clerk, and the
judgment shall thenceforward, have all the effect of a
judgment of the said circuit court, and execution shall is-
sue thereon, out of that court as in other cases

2£8 JUSTICES OF THE PEACE AND CONSTABLES,.

Appeals within §EC# 30, Appeals shall be granted from the judgments of
justices of the peace, in all cases, provided the appeal be
demanded, and security tendered, within twenty days after
the rendering the judgment.

Sec. 31. When either party shall desire to appeal from
pealiug0 8P~ the judgment of a justice of the peace, such party shall
receive from the justice a copy of the judgment from
which he wishes to appeal, and shall produce the same to
the clerk of the circuit court of the proper county; and
the said party shall within twenty days from the date of
the said judgment, enter into bond in the office of said
clerk, in a penal sum sufficient to cover said judgment and
all costs, with security, to be approved by said clerk;
which bond shall be conditioned to pay the debt and costs
in case the judgment shall be affirmed on the trial of said
appeal; and if upon the trial of any appeal, the bond re-
quired to be given by this section, shall be adjudged infor-
mal, or otherwise insufficient, the party who executed such
bond shall in no wise be prejudiced by reason of such in-
formality or insufficiency: Provided, he will in a reason-
able time, to be fixed by the court, execute and file in said
court a good and sufficient bond.

Sec. 32. Upon the execution of such bond, the clerk
CJerk to issue a shall issue a supersedeas, enjoining the justice and consta-
eupersedeas ble from proceeding any further in said suit, and suspend-
ing all proceedings in relation thereto, and shall issue a
summons to the appellee to appear at the term of the
court to which the appeal is returnable, noting therein,
the day when the same shall be set for trial; which sum-
mons shall be executed ten days before the day of trial, as
in other cases.
Appellee not Sec. 33. Upon the return of said summons, if it shall
appearing cau- appear that the appellee is not found in the county, the

tmued11 beC°B court slla11 continue tne case until tne "ext term, and shall
then proceed to try the case.

Sec. 34. So soon as the clerk- shall ksue a supersedeas as
Justice & con- aforesaid, the justice who gave the judgment, and any con-
^roceedings7 s^ble in whose hands an execution or other process may
be, in relation thereto, shall suspend all further proceed-
ings thereon: and the said justice shall return ail the pa-
pers and a transcript of the judgment he had given, to the
clerk of said court, with a certificate under his hand, that
the said transcript and papers contain a full and perfect
statement of all the proceedings before him; and the said
court shall hear and determine the said appeal in a sum-
mary way. without pleading in writing, according to the
justice of the case.

Sec. Sr>, The circuit court shall at any time admit such

JUSTICES OF THE PEACE AND CONSTABLES. 269

rimendmcnls of the papers and proceeding?, as may be ne- Amendment*
cessarv, to a fair trial of the case upon its merits; and ex«*<0 l*l)eis
ecution may issue on the judgment of said court, in the
same manner as if the cause had been originally institu-
ted in said court.

Sec 36. The judges of the circuit and probate courts »

shall have power within their respective jurisdictions, and
it shall he their duty, upon application, made as hereinaf-
ter mentioned, to grant writs of certiorari to remove cau-
ses from before justices of the peace, into the circuit court,
who shall endorse an order for the same, upon the petition
of the party praying such writ, and on producing the same to
the clerk of the circuit court, he shall issue said writ in
conformity to the provisions of this act.

Sec. 37. The petition on application for writs of certio-
rari shall set forth and shew upon the oath of the applicant Pe('tlon there-
that the judgment before the justice of the peace, was
not the result of negligence in the party praying such
writ; that the judgment in his opinion is unjust and erro-
neous, setting forth wherein the injustice and error con-
sist, and that it was not in the power of the party to take
an appeal in the ordinary way, setting forth the particular
circumstances which prevented him from so doing.

Sec. 38. No writ of certiorari shall issue after the ex- Lim^t''onto

. . c . > r ,i i. /..i-i writs of certio-

pi ration oi six montns irom the rendering of the judg- ran
ment.

Sec. 39. Before any writ of certiorari shall issue, the
party applying therefor shall give bond, with security, in Bond on ceni-
the same manner, and with the same conditions, and when
the same shall be defective, may be perfected as bonds in
cases of appeals from justices of the peace. The writ of Substance of
certiorari shall require the justice to certify to the circuit wr,t
court, a transcript of the judgment and other proceedings
had before him; and in no case shall the justice be re-
quired to send up a minute or memorandum of the evi-
dence given before him; but upon the return of said writ,
such proceedings shall be had thereon, as in cases of ap-
peals.

Sec 40. If the judgment of the justice shall be revers-
ed by the circuit court, in whole or in part, such reversal Itevewaioi
shall not vitiate any sale on execution, which shall have j?'|f ' !*f * V '
hecn ettected before the issuing of the writ of certiorari;
but in such cases, the circuit court shall have power to Damages com*,
assess the damages, which shall have accrued, in eonsc- imLed
quencc of such sale, and (o cause judgment to be enter-
ed, or a deduction made therefor: and in all cases of a
parfin] reversal of judgment, either in ca«r^ o[ appeal^,

270

JUSTICES OF THE PEACE AND CONSTABLES^

Costs

Stay of pro-
ceedings before
justices

Constable to
take ail oath

and give bond

within 30 clays

Proceedings a-
gaii.st const ' 'c
tor not paying
aver moncj

or certiorari, the court shall have power to apportion the
costs between the parties, according to justice.

Sec. 41. The justice of the peace, constable, and oth-
er persons concerned, shall, as soon as the writ of certio-
rari shall be served, stay all further proceedings in that
case, until the further order of the circuit court.

Sec. 42. Every constable, before he shall enter upon
the duties of his office, shall take the following oath: "I
do swear, that I will faithfully discharge the duties of my
office, as constable, within the county of according to
the best of my understanding and abilities, so help mc God."
Which oath shall betaken before the county commissioners'
court, or before any justice of the peace of the proper
county; and the justice or clerk administering said oath,
shall make a certificate thereof, and cause the same to be
filed in the office of the clerk of the said court.

Sec 43. Every constable, before he shall enter upon
the duties of his office, shall execute and deliver to the
clerk of the county commissioners1 court, of the proper
county, a bond, to be approved by said clerk, with one or
more good and sufficient freeholders, as his securities, in
the sum of five hundred dollars, conditioned that he will
faithfully discharge the duties of his office of constable; and
that he will justly and fairly account for, and pay over, all
moneys that may come to his hands, under any process or
otherwise, by virtue of his office; the said bond shall be
made payable to the county commissioners of the county
in winch such constable shall, be appointed, and their suc-
cessors, for the use of the people of the state of Illinois,
and shall be held for the security and benefit of all suit-
ors and other persons who may be interested in, or be*
come injured, by the official conduct of such constable.

Sec -i4. If any constable shall not, within thirty days
after his election or appointment, take the oath, and give
bond as aforesaid, the said constable shall not be permit-
ted after that time, to be so qualified, or to take his said I
office; but the said office shall be considered as vacant^
and shall be rilled accordingly.

Sec 45. If any constable shall neglect or refuse to pay-
over, on demand, any money collected by him, to the
plaintiff' or his agent, the circuit court of the proper coun-
ty, mav, on motion of the party aggrieved, or his attor-
ney, give judgment in favor of such aggrieved party,
against such constable, for the amount of the money so by
him retained, with twenty per cent, damages thereon, and
costs; and execution shall forthwith issue thereon; and
the same shall not be replevied: Provided, that the said

JUSTICES OF THE PEACE AND CONSTABLES. 271

constable shall have ten days notice, previous to the mak-
ing of said motion.

Sec. 46. If the demand or debt of any plaintiff shall
be wholly or in part lost, by the neglect or refusal to act, DamaSPSa-,,
of any constable, or it any special damage shall arise to ?or miscomuuet
any plaintiff or defendant by the misfeasance or nonfeas-
ance of any such constable, in the discharge of any official
duty, the party aggrieved may have his action for damages
in the circuit cflurt, against such constable, for the injury
so sustained; and shall have judgment and execution,
which shall not be replevied.

Sec. 47. Upon the return of any execution issued riemedva akia*
against a constable, in conformity with either of the two the constable
preceding sections, or for any penalty imposed by law up- and h**^11"?
on any constable, if it shall appear that the said execution, UfiS
or any part thereof, remains unsalisfied, it shall be lawful
for the clerk of the circuit court, at the request of the par-
ty aggrieved, to issue summons in the nature of a scire fa- . ,. .

• • *■ \u i + !i j u- •*• ' By scire facia?

«<7s, against the said constable and his securities, com-

manding them to appear at' the next term of the said cir-
cuit court, to shew cause, if any they have, why judg-
ment should not be given against them for the amount of
the penalty of their said bond; which summons shall be
served ten days before the return day thereof; and on the
return of said summons, the court shall award judgment
against the said constable and his securities, for the whole
of the penalty of said bond: after judgment obtained
as aforesaid, the court may, from time to time, award ex-
ecution against the defendants for money withholden or
embezzled by said constable; or for penalties recovered
of him; or for the amount of any jud :.rment rendered
against him for any omission or Breach of doty: Provvled,
that no execution shall issue as aforesaid, until after the
defendants shall- have five davs1 notice that such execution
will be moved for. Said sc/m faciis shall issue on a copy
of said constable's bond, which shall be furnished bv the
clerk of the county commissioners' court, on demand, to
the party aggrieved.

Sec. 18. All bonds which shall be given bv constables Bondi to lie ip
hereafter, shajl remain in force u ntil the expiration of five 0,ce yea13
years after the term of service of the constable giving the oJfJ bomisnpt
same shall have been concluded: and where bonds shall vacated by ne*
be renewed in conformity with an act approved Decern- nnes
ber 30, 1326, entitled4* An act to provide for the appoint-
ment of justices of the peace and constables," the giving
of a new bond by any constable, shall not satisfy or vacate
any bond previously given by the same constable; but,
each bond shall stand good in relation to all matters and

272

JUSTICES OF THE PEACE AND CONSTABLES-

Constable to
keep the peace

Constable pro
(em in certain
eases

things officially done or committed, or which ought to
have been so done, within the year for which such bond
shall have been given.

Sec. 49. It shall be dutvof every constable when any
felony or breach of the peace shall be committed in his
presence, forthwith to apprehend the person committing
the same, and bring him before some justice of the peace,
to be dealt with according to law: to suppress all riots
and unlawful assemblies, and to keep the peace, and also
to serve and execute all warrants, writs, precepts, and
other process, to him lawfully directed, and, generally, to
do and perform all things appertaining to the office of
constable within this state.

Sec. 50. If any justice of the peace, or constable, shall

Palpable omis- fail, refuse, or neglect to perform any duty appertaining

son ot duty to ^g 0fftce9 wilen requited, or shall refuse to act as such

justice or constable, when required, he shall be deemed

guilty of a palpable omission of duty, and, on conviction,

shall be punished accordingly.

Sec. 51. Any justice of the peace may appoint a suita-
ble person to act as constable in a criminal or other case,
where there is a probability that a person charged with
any indictable offence, will escape, or that goods and chat-
tels will be removed, before application can be made to a
qualified constable; and the person so appointed, shall act
as constable in that particular case, and no other; and any
temporary appointment so made as aforesaid, shall be
made by a written endorsement, under the seal of the
justice, deputing, on the back of the process, which the
person receiving the same shall be deputed to execute.

Sec. 52. The personal property o( every defendant in
a judgment, before a justice of the peace, .shall be bound
for the payment of such judgment, from the delivery of
the execution to the constable, issued thereon; and the
real property of such defendant shall be bound as afore-
said, from the date of the filing of a transcript of the judg-
ment in the clerk's office, as provided in this act.

See; 53. Every constable to whom an execution shall
Gontable to en- be delivered, shall endorse on the back of the same an ex-
recdv?nge?e-°f act memorandum of the day and hour when the same
cation ' shall have come to his hands, and shall immediately

Levyofexecu- proceed to levy the same; endorsing also on the back of
the execution the dale of such levy, and making an exact
inventory of the property on which the same shall have
been levied, and shall appoint a day and hour for the sale
of said property, giving ten days previous notice of such
sale, by advertisement in writing, to be posted up at three
of the most public places in the county; and on the day

Lien of judg-
ments and ex
^utions

tion

And notice of
sale

J u'STICES OF THE PEACE AND CONSTABLES. 273

so appointed, the said constable shall sell the property so
levied on, or so much thereof as may be necessary to pay
the debt, interest and costs, to the highest bidder.

Sec. 64. Any constable shall be authorized to remove
property levied on by him, when it shall be necessary for
the sate keeping of the same; Provided, that if the de-
fendant shall desire to retain the property so levied on, Forthcoming
until the day of sale, it shall be lawful for the said con- bo&d
stable to allow the defendant so to keep the same, if said
defendant shall give bond to said constable, in double the'
amount of the execution, with good security, conditioned
for the delivery of said property, to the same constable, at
the time and place of sale, to be named in said bond; and
li the baid property shall not be delivered as aforesaid, at
the time and place of sale, the constable having the exe-
cution, may proceed to levy the same, upon the same or
any other property of the defendant, or upon the proper-
ty of the security in such bond, and shall sell the same,
giving two da)s public notice of such sale, by advertise-
ment to be posted at or.e public place.

Sec. bo. When any person shall be appointed and qual-
ified to act as a constable, it shall be the duty of the clerk Sheriff to Be

c ii K .-.• W i , , • n i i .«- ,• to-iushed With

oi the county commissioners' court, to notify the sheriff of |ist ot C0I1SU~

the county of such appointment; and the said sheriff shall btes

keep a list of the constables within his county ; and it shall

be the duty of each sheriff to summon four constables, (if

necessary) of his county, to attend at each term of the ^JE^

circuit court, giving them ten days notice, and taking attend the cir-

them in rotation; which constables, when so summoned, mit courts

shall attend, and act under the sheriff as his deputies,

during the sitting of such court; and any constable failing

to attend as aforesaid, or refusing to act as such deputy,

may be lined by said court fur contempt thereof.

Sec. 50. The justices of the peace within this state, , .
i ii i \ i • • j. ii .i ill Justices may

shall have power to administer all oaths required by law, administer all

and not particularly directed to be otherwise administer- oalhs

ed; and where any person who shall be required bylaw

to take an oath shall be conscienseiously scrupulous am3a rmat,on*'

ist taking such oath in the usual form, such person
may affirm; which affirmation shall have the force and
effect of an oath.

Sec. 57. The following act?, viz: "An act providing for
the appointment of constables" approved March 22, 11519: c8iePeae
»An act regulating appeals from justices of the peace and
further defining their duties," approved February 12,
1821: "An act supplemental to an act regulating appeals
from justices of the peace and further defining their du-
ties," approved February 14- 1821: "An act to regulatt
35

274 JUSTICES OF THE PEACE AND CONSTABLES,

and define the duties of justices of the peace and con-
stables," approved February 18, 1823: "An act regula-
ting the mode of proceeding on writs of certiorari" ap-
proved January 23, 1825: and so much of the 17tb sec
tion of "an act concerning judgments and executions,"
approved January 17, 1825, and of "an act to regulate the
taking of delivery bonds and for other purposes," approv-
ed January ~7, 1825, as relates to the duties of consta-
bles: and all acts and parts of acts coming within the spi-
rit and meaning of this act, are hereby repealed. But
no suits or rights pending, or arising out of any of said
acts, shall be affected or impeded by this act. This act
to take effect on the first day of June next.

[Approved, Feb. 3, 1827.]

JUSTICES OF THE PEACE AND CONSTABLES.

In f<*ce Feb, AN A CT supplemental to the act entitled "An act concerning
1% is-27 Justices oj the Peace and Constables" passed February 3d,

1827.

Be it enacted by the People of the State of Illinois represent-
ed in the General Assembly, That justices of the peace
Jurisdiction of s\m\\ have jurisdiction, in addition to the jurisdiction con-
pass and'trover ferred on them by the act entitled "An act concerning jus-
tices of the peace and constables," passed February 3d,
1827, in all actions of trespass on personal property, and
in all actions of trover and conversion, when the damages
claimed in any of the above specified actions do not ex-
ceed -twenty dollars.

[Approved, Feb. 12, 1827.]

JUSTICES OF THE PEACE.

Mv™m7 ^ ACT t0 extend the jurisdiction of Justices of the Peace.

Sec 1. Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That hereafter the

Jurisdiction in jus^lces °f *ne Peace of the several counties of this state,

case of assault shall have jurisdiction of all cases of assaults, and of as-

and battery sault and battery, and affrays: and upon the knowledge

of any justice of the peace, or information of any person

upon oath (except the party offending) shall issue hie

warrant to any constable of said county, for the arrest ot

JUSTICES OF THE PEACE AND CONSTABLES. S»

such person as may be charged with either of said offen- Warrant
ces; and upon the arrest of such person, shall order the
constable attending the trial, to summon six jurors of the
neighborhood, not in any wise related to either of the iTary
parties (unless the party accused shall dispense with such
jury or require twelve, in which case twelve jurors shall Verdtcf
he summoned) which jury, when summoned, shall attend*
and after being sworn, if they find the defendant guilty,
shall assess the fine such defendant shall pay: Provided, Fine
the same shall not exceed one hundred dollars, nor be less
than three dollars.

Sec. 2. That upon the jury returning their verdict of Ju(1 gmeIg
guilty, and the assessment of the fine, the justice shall
record the same in his docket or record book, and pro-
ceed to render judgment thereon for the amount of the
said fine and costs; but if the jury return a verdict of not
guilty, the justice shall record the same, and discharge
the defendant or defendants without costs.

Sec. 3. That upon the rendition of such judgment, the
justice shall immediately issue execution against the said CjXaM l-°a
defendant or defendants, for the amount of the fine, and
all cost>; which said execution may be levied upon any
personal property of said defendant or defendants, and the
same shall be sold for whatever it will bring in cash, the
constable giving twenty days public notice of the day
of sale, by putting up written advertisements at three of
of the most public places in the county: Provided, kozcever, Property ex-
that if the party convicted under this act, have a family, empte
then the constable shall reserve from execution, one bed
and bedding, one cow, and ten dollars worth of house-
hold and kitchen furniture.

Sec. 4. If the constable shall return upon such execu-
tion, that the defendant or defendants have no goods and
chattels whereof to make the money, the justice shall is*
sue a capias against the body of the defendant or defend-
ants, and the constable shall arrest such person or persons,
and commit him or them to the jail of the county, there
to remain forty-eight hours; and if the fine exceed ten
dollars, then to remain in said jail twenty f.-ar hours for
every five dollars over and above the said ten dollars, and
so on in proportion to the amount of said fine.

Sec 5. If any person who shall be convicted under this
act shall wish to appeal to the circuit court, he shall signify ^Snp
the same to the justice of the peace who gave the judg- therein
ment, and the justice shall give him a statement of the
amount of the fine and costs: and upon producing the
same to the clerk of the circuit court of the proper coun-
l write a bond to the people of the state

276

JUSTICES OF THE PEACE AND CONSTABLES.

.T.udg'tof cir't
com*

Appeal in be-
half ot the peo-
ple and pro
ceediogs there

Judg't of cir-
cuit court

Party appeal-
ing not be a
•witness

Wirn esses*
names returned
to circuit court

Summons and

of Illinois, in a penalty double the amount of the fine,
and a sufficiency to cover all costs, conditioned for the
pa\ merit of the amount of whatever judgment the court
may render against said defendant, which the said party
appealing shall execute, with sufficient security, to be
approved of by the said clerk: and when such bond shall
be executed, the clerk shall notify the justice who tried
the cause thereof, and the said justice shall stay all fur-
ther proceedings, and return the papers to the next suc-
ceeding circuit court, when the same shall be tried, unless
for good cause shewn, the court shall continue it: Provided
all such appeals shall be prayed for, and the bond exe-
cuted, within rive days after judgment rendered.

Sec. 6. If the defendant shall be found guilty in the
circuit court, (where the trial shall be by jury) judgment
shall be rendered against both principal and security in
the appeal bond, for the amount of the fine assessed by
the jury in said court, and all co?ts that may have ac-
crued.

Sec 7. If any person shall be dissatisfied with the ver-
dict of the jury given before any justice of the peace,
because of the fine being too low, or because the defend-
ant may have been acquitted, he shall be permitted to re-
move the said case into the circuit court, upon his execu-
ting bond to the people of the state of Illinois, before the
clerk, (which bond the clerk shall write) in a penalty suf-
ficient to cover all costs that have or may accrue, condition-
ed for the payment of all costs, in case the defendant shall
be acquitted, or the fine not increased; which bond shall
be executed in ten days after the judgment of the justice
shall have been given; and when said bond is executed,
the clerk. shall notify the justice thereof, and said justice
shall return all the proceedings to the said court: and if
the defendant shall be acquitted in the circuit court, or
the fine not increased by the jury, the court shall render
judgment against the party who removed the said case
into the circuit court, and his security in the appeal bond,
for all costs occasioned by the appeal: Provided the party
removing a case into the circuit court shall never be a
witness against the defendant in the appeal in said court,
upon the trial of such appeal.

Sec. 3. When the defendant appeals to the circuit court,
it shall be the duty of the justice, to return to the clerk
when he returns the papers, the names of all material
witnesses who testified against the said defendant, and the
clerk shall issue subpoenas for the same.

Sec. 9. When the case is removed into the circuit court,
as provided by the seventh sort ion of this act, the party

JUSTICES OF THE PEACE AND CONSTABLES". 277

removing it shall cause a summons to be issued and serv- appearance

ed upon the defendant, notifying him of the appeal; and

if the defendant cannot be found in the county, to serve

said process upon, the case shall not be continued; but

the court shall cause his appearance to be entered, and

proceed to trial, as though the defendant were present,

and had filed the plea of not guilty.

Sec. 10. Upon the trial of appeals, no exception shall Exceptions to
be allowed to any process which the justice may have is- justices' papers
sued, but all appeals shall be tried upon their merits. "olali0wed
And it shall be the duty of the attorney general and cir- Dat,ofattf
cuit attorney, of the proper county, to prosecute in all g.niand cir-
such cases of appeals, without fee. cuit att*y

Sec 11. If the person accused, shall, upon his appear- .

ance before such justice, confess himself guilty of the d^ndau"
charge against him, and dispense with the trial by jury,
the justice shall hear the evidence, assess the tine, and
render judgment thereon, and issue execution, as before
directed, subject to appeal, as before provided for: Pro-
vide?^ he shall not assess a higher fine than one hundred
dollars, nor lower than three dollars.

Sec. 12. All the oifences before described, which shall
have been committed before this act takes effect, shall Offences con*

, , ,-ii -ii »• .i muted before

oeproceeaed upon, tried, and punished, according to the this act takes
laws in existence at the time of their commission. effect

Sec. 1 3. No person shall be proceeded against for the
commission of any of the oifences herein enumerated, af-
ter the expiration of twelve months from the time the of-
fence was committed ; unless such offender shall withdraw
himself from the county for the purpose of avoiding trial,
in which case he shall be tried at any time within twelve
months after his return or apprehension.

Sec. 14. The constable charged with the collection of
any fine under this act, shall account for and pay over to pay overft!iei
the county commissioners' court, at every regular term
thereof, all moneys which he may have collected under
this act; and upon a failure to do so, he shall forfeit and
pay double the amount of money so received; to be re-
covered in the name of the county commissioners of the
proper county, for the use of the count), in any court
having jurisdiction thereof. The constable shall also be
authorised to receive all lines before execution issued, and
shall account therefor and pay over the same, in the same
manner, and under the same penalties as before provided.

Sec 15. And it shall be the duly of each of the jus-
tices of the several counties to return to the county com- Jf^y"""
missioners' court, at each regular term thereof, a list of fines t000tu^.,
ail fi re them as itating the name or names court

Limitations to
prosecutions

278

LANDLORDS AND TENANTS.

of the defendant or defendants, and of the constable ox
constables charged with the collection of said fine or fines,
to enable the said court to settle with the said constables:
and a failure of any such justice before whom any fine
3hall have been assessed under this act, to make such re-
turn, shall work a forfeiture of double the amount of the
fines assessed before him, to be recovered as prescribed in
the preceding section.

Sec. 16. The county commissioners' court shall pay over
to the county treasurers, respectively, all moneys by them
received as aforesaid, and take his receipt therefor; which
receipt shall be deposited with the clerk of said court, and
by him preserved. And the county treasurer shall ac-
count for said moneys in the same manner that he ac-
counts for other public money by him received.

Sec. 17. That no charge for jurors1 or witnesses' fees
shall be allowed either before the justices, or in the cir-
cuit courts.

Sec 1 8. All laws and parts of laws coming within the
Laws repealed purview of this act, be, and the same are hereby repeal-
ed. This act to take effect and be in force, from and ak
ter the first day of May next.

[Approved, Dee. 29, 1826.]

No charge for
jurors or wit-
nesses

In force Jane i
1827

LANDLORDS AND TENANTS.

AN ACT concerning Landlords and Tenants.

Sec. 1. Be it enacted by the People of the State of Illinois
Action of debt ^presented in the General Assembly, That in all cases where
^recover rent rent may be due and in arrear, on a lease for life or lives,
and where lands shall be held and occupied by any person
without any special agreement 'for rent, it shall and may
be lawful for the owner or owners of such lands, or his,
her or their executors or administrators, to sue for and re-
cover such rent, or a fair and reasonable satisfaction for
such use and occupation, by action of debt or assumpsit
in any court having jurisdiction thereof.

Sec 2. If any tenant or tenants for life, lives or for
years, or any person or persons, who are, or shall come
into possession of any lands, tenements or hereditaments,
bv, from or under, or by collusion with such tenant or ten-
ants, shall wilfully hold over any lands, tenements or here-
ditaments, cifter the expiration of such term or terms, and
after demand made, and notice in writing given, for the
possession thereof, by his, her or their landlord or land-

Tenants hold-
iag over

LANDLORDS AND TENANTS. <2?3

lords, lessor or lessors, or the person or persons to whom
the remainder or reversion of such lands, tenements or
hereditaments shall belong, such person or persons so hold-
ing over, shall for the time such landlord or rightful own-
er, be so kept out of possession, pay to the person or per-
sons so kept out of possession, or their legal representa-
tives, at the rate of double the yearly value of the lands,
tenements or hereditaments so detained, as aforesaid, to be
recovered by action of debt or otherwise, in any court
having cognizance of the same.

Sec. 3. If any tenant or tenants, shall give notice of Tenants hold-
his, her or their intention to quit the premises, by him, her, noti^ter gi™~
or them holden, at a time mentioned in such notice, at
which the tenant would have a right to quit by the lease, and
shall not accordingly deliver up possession thereof; the said
tenant or tenants, shall pay to the landlord or lessor, double
the rent or sum which would otherwise have been due, to
be collected in the same manner as the rent otherwise due
should have been collected.

Sec. 4. In all cases between landlord and tenant, where Where half
®ne half year's rent shall be in arrear, and unpaid, and duT^un'aid
the landlord or lessor, to whom such rent is due, has right lessor ma
by law to re-enter for non-payment thereof; such landlord brit.g ejectment
or lessor, may, without any formal demand or re-entry,
commence an action of ejectment for the recovery of the
demised premises. And in case judgment be given
for the plaintiff in such action of ejectment, and the writ
of possession thereon be executed thereon, before the rent
in arrear and costs of suit be paid; then the lease of such
lands shall cease and be determined, unless such lessee or
lessees, shall by writ of error reverse the said judgment,
©r shall by bill tiled in chancery, within six months
after the rendition of such judgment, obtain relief from
the same: Provided, that any such tenant or tenants,
may at any time before final judgment, on said ejectment,
pay or tender to the landlord or lessor of the premises, the
amount of rent in arrear and cosisof suit, and the proceed-
ings on such ejectment shall thereupon be discontinued.

Sec. 5. Every tenant, who shall at any time, be sued
in ejectment by any person, other than his or her landlord, Tenants to gte
shall forthwith' give notice thereof to his or her landlord, EdKS^
or to his or her agent or attorney, under the penalty of for- sued
feiting two year's rent of the premises in question, or the
value thereof, to be recovered by such landlord, by action
of debt in any court having cognizance thereof.

Sec. 6. When any goods or chattels shall be distrain- Distress fc:
ed for rent, and the tenant or owner cf the good> so dis- renJ,1T t0
trained, shall not within five days after sucu distress taken,

280

LAWS,

and notice thereof, and the cause of taking, replevy the
same, with sufficient security according to law; the
person distraining or his agent duly authorized, may with
the sheriff or constable of the county, cause the goods and
chattels so distrained, to be appraised, by two reputable
freeholders, under oath; which oath may be administered
by such sheriff or constable, to appraise said goods and
chattels, according to their best judgment and understand-
ing; the person making such distress on giving ten days
notice, may sell such goods and chattels at public auction,
and after retaining the amount of rent distrained for, and
the costs of distress and sale, shall pay the overplus, if any
there be, to such tenant or tenants.

Sec. 7. This act repeals an act, as to proceedings in

,icts repealed ejectment, distress for rent, and tenants at will holding

over, approved February 23, 1819; but rights acquired

under that act are not 'hereby affected. This act shall

take effect on the first day of June next.

[Approved, Feb. 13, 1827.1

LAND CERTIFICATES.

In force Dec ^N ACT to revive an net authorizing the conveyance of Land
28, 1826 Certificates in certain cases.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That an act entitled
"An act authorizing the conveyance of land certificates in
certain cases," approved January 10th. 1825, is hereby
declared to be revived, and to continue in force until the
7th day of July next. This act to take effect and be in
force from and after its passage.

[Approved, Dec. 28. 1826.]

LAWS.

In force Dec.
26, 1826

AN ACT prescribing the manner of aat/fnuoAing acts of
of the general assembly, which may become laics nolzcith-
. standing the objections of the Council of Revision.

Law returned

Sec 1,

!. Be it enacted by the People of the State of Illinois,
by the council represented in the General Assembly, That whenever a bill,

bow'autoa'- which shri11 lmve Passed both houses of lhe general nsscm-
bafed bly, shall be returned by the council of revision, with ob.

Laws. 28i

ions thereto, and upon reconsideration, shall pass both
houses by the constitutional majority, it shall be authentica-
ted as having become a law, by a certificate thereon, to the
following effect: "This bill having been returned by the
Council of revision with objections thweto, and after re-
consideration, having passed both houses, by the constitu-
tional majority, it has become a law, this dav of
which being signed by the speakers of the senate and of
the house of representatives, respectively, shall be deemed
^u-'Kcient authentication thereof; whereupon the bill shall
he presented to the governor, to be by him deposited with
the laws, in the office of the secretary of state.

Sec. 2. Every bill which shall have passed both houses *

of the general assembly, and shall not be returned by the Bills which be-
council of revision within ten days, having thereby be- ^returned in
come a law, shall be authenticated by the governor, caus- teada^s, &c
ing the faot to be certified thereon by the secretary of
state, in the following form: This bill having remained
with the council of revision ten days (sundays. excepted)
and the general assembly being in session, it has become a .
few, this day of G. F. Secretary of State,

[Approved, Dec. 26, 1826.]

LAWS.

AjY ACT to provide for the publication of the revised andJnrorce Feh
other laws of this state-, passed at the present session of the 19, 1827
General Assembly.

Sec 1. Be it enacted by the People of the State of Illinois
represented in the. General Assembly, That there shall be Revised coda
published an edition of two thousand copies of the revised jj^0 be Pub'
laws of this state, which shall contain the following acts,
to-wit: The declaration of independence of the United
States; the articles of confederation of the United States;
the constitution of the United States with the amend-
ments; the constitution of the state of Illinois; a resolu-
tion of congress declaring the admission of the state of
Illinois into the Union ; and all acts of a public, permanent
and general nature, passed, or to be passed, at the present
session of the general assembly, except such acts or parts
of act?, as shall have been repealed before the close of
said session, arranged under proper heads, in alphabeti-
cal order, according to their subject matter. There shall
lie prefixed to the volume a table of contents; and at the

iOi

LAWS;

Marginal notes,
&c.

Secretary of
Stnte to sup^rin
t*nd printing

Authorized to
contract for
binding

$ow to distri«
-fcjite them

end of the same, shall be added a full and complete iii-
dex.

Sec. 2. The laws required by the preceding section to
be published, shall be comprized in one octavo volume,
with marginal notes*, and the day when each act takes ef-
fect shall be stated in the margin opposite the title, and
the day on which the same was approved by the council of
revision, or when it became a law, notwithstanding their
objection*, shall be stated at the end of the act, omitting
the name and style of the governor, and of the speakers
of the two houses of the general assembly.

Sec 3. The secretary of state shall superintend the
printing of all laws, and other acts, required by this act
to be published, carefully comparing the proof sheets
with the enrolled laws on file in his office, and causing all
typographical errors, and errors in copying, which may be
discovered in any page, to be corrected, before the same
shall be printed.

Sec 4. The secretary of sta.te is hereby authorized to
contract with some person to bind the whole, or a part of
the edition of revised laws, hereby required to be publish-
ed, in good half binding, with leather backs and corners,
and lettered with the words "revised laws of Illinois;" and
he shall use his best endeavors to have said binding done so
soon as practicable, and on the most advantageous terms
for the interest of the state.

Sec. 5. The secretary of state, on the completion of the
printing and binding as aforesaid, of said revised laws,
shall reserve two hundred and fifty* copies thereof, in his
office, subject to the future disposition of the general as-
sembly. He shall transmit to the secretary of state of the
United States, for the use of the general government, five
copies; and to the executive of each state, for the use of
such state, two copies. He shall cause to be delivered to
the governor, lieutenant-governor, auditor of public ac-
counts, state treasurer, cashier of the principal bank, jus-
tices of the supreme court, attorney general, circuit attor-
neys, secretary of the senate, clerk of the house of repre-
sentatives, engrossing and enrolling clerks of the two
houses, one copy each. He shall transmit by some person
or persons, with whom he may contract for the purpose, a
sufficient number of copies to the clerk of the commission-
ers' court of each county to be distributed among the civil
officers of the county, allowing one for each judge of pro-
bate, county commissioner, coroner, clerk of a court, coun-
ty treasurer, sheriff, justice of the peace, couity surveyor,
constable and member of the general assembly, residing
to the county, and there shall also be delivered to the clerk

laws. $as

,of the circuit court of each county, two copies for the
use of the court, grand jury and bar; and tin surplus co-
pie^ if any, shall be by said clerk of the county commis-
sioners' court, carefully kept and preserved, to be distri-
buted as may hereafter be directed by law.

Sec. 6. The clerks of the several county commissioners'
courts, on receiving the revised laws for distribution as
aforesaid, shall give their receipts for the same; which re-
ceipts shall be tiled in the secretary's office, by the person
by whom said laws were distributed, before he shall be en-
titled to payoaent for distributing the same.

Sec. 7. The clerks of the several county commissioners' cw-ks of comj,
courts, shall upon the request of any officer, entitled to a couiThow to
copy of said laws as aforesaid, deliver to him one copy, <hsi>o3e of
taking his receipt for the same; but no person shall be en- them
titled to more than one copy, although he may hold sever-
al offices.

Sec. 8. Upon the expiration of the term of service, re-
signation or removal from office, of any county officer ^nce"e^ "*
(members of the general assembly excepted,) it shall be on the expira-^
his duty to return to the office of the clerk of the commis- tion of term of
sioners' court, for the use of his successor in office, the co- semce
py of the revised laws received by him, in pursuance of
this act; and in case of the death of any such county offi-
cer, the said copy of the laws, shall be returned as afore-
said, by his executors or administrators. If an such offi-
cer, his executors or administrators, shall refuse or neglect
for three months after the happening of such vacancy as
aforesaid, to return said copy of the laws to the clerk of
the commissioners court, then it shall be the duty of said
clerk to sue for the same before some justice of the peace;
and he shall recover for the use of the county, the sum of
four dollars for each copy so detained, with costs of suit.
No person however, while he continues to hqld any office,
which entitles its incumbent to a copy of the laws, shall
be required to return his copy of the same as aforesaid.

Sec. 9. There shall also be published in pamphlet form
under the superintendence of the secretary of state as
afore-aid, five hundred copies of all laws passed at the pres-
ent session of the general assembly, which are of a local,
private or temporary nature. There shall be added to
the laws required by this section to be published, an ac-
curate account of the receipts and expenditures of the
public moneys for the two last years, as required by the
constitution of this state. And the secretary of state Secretary of
is authorized and required to contract with some person s^te to have ^
or persons, on the best terms he can procure, to print, ^^J*^ <
fold and stitch the laws and other documents, required printed

2$i LIMITATIONS.

ry this spction to be published. He shall retain fifty co-
pies thereof in his office, and tran in t or deliver to the
goven.or, lieutenant governor, au or, state treasurer;
cashier of the principal bank, ju cesof the supreme
court, attorney general and circuit attorneys,one copy eacho
The remaining copies he shall apportion among the sever-
al counties, according to the number of white inhabitants
therein; and cause them to be delivered either with the re-
vised laws, or with the journals, :o the county commission-
ers' clerks of the several counties, to be receipted for, and
distributed in the manner herein provided for the distribu-
tion of the revised laws.

Sec 10. On the fulfilment of any contract for printing,
binding, folding and stitching, or distributing the revised
or other laws, the secretary of state shall certify the fact
to the auditor, who shall issue his warrant on the treasurer
for the sum due, in favor of the person or persons entitled
to compensation.
Relative to Sec. 1*. Hereafter, all payments made for debts due

Vandalia lots the state, for Vandalia lots heretofore sold, or which may
hereafter be sold, -in judgments against the state for Per-
ryville lots, shall be received at the rate of state paper:
any law to the contrary notwithstanding.

Sec. 12. That for the next two years, it shall be the du-
ty of each of the judges of the supreme court, to note
$200 per an- <jown from time to time, when there shall appear any in-

num allowed . . '. . .. , . . * r J m

the supreme consistences or imperfections in the legislative acts of tins

judges for not- state, and to make a detailed report thereof to the next

t?ww?nTheC" general assembly; for which service, they shall receive

!aws for the years 1827 and 1828 only, two hundred dollars

each per annum, payable quarter yearly, on the warrant

of the auditor, out of the state treasury. This act to

take effect from and after its passage.

[Approved Feb. 19, 1827.1

LIMITATIONS.

/.Y ACT for the Limitation of Actions mid for atoic

• vexations Law Suit?.
In w rce June 1,
1827

Sec. 1. Be it enacted by the People of the Stale of Illinois,
represented i)i the ^General Assembly, That all actions of tres-
pass quare clan sum frf git, nil actions of trespass, detinue.

....'. . trover, and replevin, for taking away goods and chattels,
Limitation ot ,. c r,, % I a \ i

acrtopa all actions lor the arrearages of rent, due on a parol dd

LIMITATION !*. £95

mise, and all actions of account, and upon the case, except
actions for slander, and except also actions for malicious
prosecution, and such actions as concern the trade ot' mer-
chandize, between merchant and merchant, their ("actors
or agents, shall be commenced within tive years next after
the cause of such actions shall have accrued, and not af-
ter.

Sec. 2. That all actions of trespass for assault, battery,
wounding and imprisonment, or any of them, shall be com-
menced within two years next after the cause of such ac-
tions shall hav^ accrued, and not after.

Sec. 3. That every action upon the case for words, shall
be commenced within one year next after the words spo-
ken, and not after; and every action for malicious prosecu-
tion, shall be commenced within two years next after the
cause of action shall have accrued, and not after.

Sec. 4. That every action of debt or covenant for rent of covenants
or arrearages of rent, founded upon any lease under seal; or debt for rent
and every action of debt or covenant, founded upon any
single or penal bill, promissory note, or writing obligatory,
for the direct payment of money, or the delivery of property
or the performance of covenants; or upon any award under
the hands and seals of arbitrators, for the payment of mo-
ney only, shall be commenced within sixteen years, after
the cause of such action shall have accrued, and not after:
but if any payment shall have been made on any such
lease, single or penal bill, promissory note, writing obliga-
tory or award, within or after the said period of sixteen
years; then an action instituted on such lease, single or
penal bill, promissory note, writing obligatory or award,
within sixteen )ears after, such payment shall be good and
effectual in law, and not after.

Sec 5. That judgment in any court of record in this
state, may be revived by scire facias, or an action of debt
may be brought thereon, within twenty years next after
the date of such judgment, and not after.

Sec. 6. Thai no person who now hath, or hereafter may
* have any right of entry,into any lands, tenements, or her- b^red^fJrlp
editaments, shall make an entry therein, but within twen- year*
ty years next after such right shall have accrued, and such
person shall be barred from any entry afterwards.

Sec. 7. That every real possessory, ancestral or mixed
action, or writ of right, brought for the recovery of any Acii™shro»gji£
lands, tenements or hereditaments, shall be brought with- wlUuu2° yeru'"
in twenty years next after the right or title thereto, or
cause of such action accrued, and not after: Provided, Pr-.
that in all the torecroini{ cases in this act mentioned, where
the person or pers ' tve right of entry, title

28G LIMITATIONS.

ot cause of action is, are or shall be, at the time of such
right of entry, title or cause of action, under the age of
twenty -one years, insane, beyond the limits of this state or
feme covert, such person or persons may make such entry,
or institute such action, so that the same be done, within
such time as is within the different sections of this act lim-
ited, after his or her becoming of full age, sane,/em£ soler
t or coming within this state.

Sec 8. That if any person or persons, against whom
be Sc^nte°d,t0 tnere *s or shall be anv cause of action, as is specified
■a certain cases in the preceding sections of this act, except real or pos*
sessory actions, shall be out of this state, at the time of
the cause of such action accruing, or any time during
which a suit might be sustained, on such cause of action,
then the person or persons who shall be entitled to such
action, shall be at liberty to bring the same against such
person or persons, after his, her, or their return to this
state, and the time of such person's absent e shall not
be accounted or taken as a part of the time limited by
this act.

Sec. 9. That if in any of the said actions, specified in
Effect of rever. ~ ,, ... * • - ... '. * , ,

sal of judgment aDJ °* the preceding sections ot this act, judgment be
upon writ of given for the plaintiff, and the same be reversed by writ of
enor or appeal, error? or Up0n appeal, or if a verdict pass for the plaintiff,
and upon matter alleged in arrest of judgment, the judg-
ment be given against the plaintiff; or if the plaintiff be
non-suited, then, if the time limited for bringing such ac-
tion shall have expired during the pendency of such suit,
the said plaintiff, his or her heirs, executors or adminis-
trators, as the case shall require, may commence a new
action, within one year after such judgment reversed or
given against the plaintiff, and not after.

Sec. 10. The eighth section of the act entitled "An act
Acts repealed regulating the practice in the supreme and circuit courts
of this state, and for other purposes," approved March
22d, 1819; and the act entitled "An act of limitations, re-
latir.g to lands and tenements,'- approved February 18th,
1823, be, and are hereby repealed : Provided that the rights
and defences, which have accrued or arisen under the acts
hereby repealed, shall not be affected or impaired by the
passage of this act: Provided I further, that where the acts
hereby repealed have commenced running, the time the
same shall have run against any cause of action hereby
limited, shall be computed part of the time limited, by
this act. This act to take effect and be in force, on the
first day of June next.

Approved, Feb. 10, 1827.

MANDAMUS. ^

,AjY ACT to regulate proceedings on Writs of Mandamus* In fnrcr Jane

J 1, 1827

Sec. 1. i?e A enacted by the People of the State of Illinois, circuk coarta
•represented in the General Assembly, That the respective may issue v tits
circuit courts iu this state shall liave power to issue writs °* mariditmU3
of mandamus. Appeals may be taken from the decision of Appeals to the
the said courts, upon sucn terms as the said circuit courts supreme roan
shall prescribe; or writs of error may be prosecuted
whenever the supreme court or any of the judges thereof,
in vacation, upon being presented with a copy of the re-
cord, shall certify that there is reasonable cause for the
bringing of such writ; and the said supreme court or
judge in vacation, may impose such terms and conditions
upon the party wishing to prosecute such writ of error,
as the said court or judge may dc cm reasonable. The al-
lowance of a writ of error shall operate, after notice
thereof, as a stay of proceedings in the circuit court, until
the determination of such writ of error.

Sec. 2. Where any writ of mandamus shall be issued R
out of any court of this state, directed and delivered to fan™'!?
any person or persons, who by the laws of this state, are
required to make return of such writ, such person or per-
sons shall make his or their return to the first writ of wan-
damns.

Sec 3. When any writ of mandamus shall issue out of
any court of this state, and return shall be made thereun- The return
to, it shall be lawful for the person or persons suing ojp ''V*y betpaver?f
prosecuting such writ, to plead to or traverse all or any
of the material facts contained in such return, to which
the person or persons making such returns shall reply,
take issue, or demur, and such further proceedings shall . . Ia . ,♦
he had therein, and in such manner, for the determination be joined *'"
thereof, as might have been had, if the person or persons
■suing out such writ had brought his or their action on the
case for a false return. If any issue shall be joined upon
such proceedings, the person or persons suing such writ,
shall and may try the same in such place as an issue join-
ed on such action on the case, should or might have been
tried. In case a verdict shall be found for the person or
persons suing such writ, or judgment given for him or
them upon a demurrer, or by nil dicit, or for want of a re- verdict op
plication* or other pleading, he or they shall recover his judgment
or their damages and costs, in such manner as he or they
might have done in an action on the case, as aforesaid; Damages and
such damages and costs shall and may be levied by execu- cosls
tion as in other cases; and a peremptory writ of manda- peremi,tcr*
rnus shall be granted without delay for him or them for writ
whom judgment shall be given, a* might have been if

2S8 MARRIAGES

such return had been adjudged insufficient. In case judg
ment shall be given for the person or persons making sach
return to such writ, he or they shall rec -ver his or their
costs of suit, to be levied in manner aforesaid.

Sec. 4. If any damages shall be recovered by virtue ot

Recovery 01 this act, against any person or persons making such re-

toTSonThe turns t0 suc» writ, as aforesaid, he or they shall not be

case liable to be sued in any other action or suit for the making

of such return; any law, usage, or custom to the contrary

notwithstanding.

■Sec. b. It shall and may be lawful to and for the court

Time may be issuing any writ of mandamus, tro allow to such person or

allowed to re- persons respectively to whom such writ shall be directed.

turn, plead, re- r , • , r " in * .u '

p!v,'t:rke issue or to the person or persons who snail sue or prosecute the
ordemur same, such convenient time respectively to make return,

plead, reply, rejoin, or demur, as to the said court shall
seem just and reasonable; any thing herein contained to
the contrary notwithstanding. Tnis act to take effect on
the first day of June next.

[Approved, Jan. 6, 1827.]

MARRIAGES.
:fc force June AjY A CT concerning Marriages.

1st, 1827

Be it enacted by the People of the State of Illinois, rcprfe

sailed in the General Assembly, That all male persons over

Who may con- *ne age 0f seventeen years, and females over the agre of

tract marriage r . * i l • • j • •

fourteen years, may contract and be joined in marriage:

Provided, in all cases where either party is a minor, the
Consent of pa- consent of parents or guardians, be first had, as is herein-
rents after required.

Sec. c2. All persons belonging to any religious society,
S!njmar-e" church, or denomination, may celebrate their marriage.
nage allowed according to the rules and principles of such religious so-
ciety, church or denomination; and a certificate of such
marriage," signed by the regular minister, or if there be
no minister then by the clerk of such religious society,
church or denomination, registered as hereinafter direct-
ed, shall be evidence of such marriage. #

Sec. 3. Any persons wishing to marry, or be joined in
Who author's- marriage, miv go before a iy r\gjlar minister of the gos-
<-d to perform pel, authorised to m irry by h ; • h lr h or s/>ci -ty to which
the marriage |10 \)P\on^ any justice of the supreme court, judge of
any inferior court, or justice of the peace, and celebrate
or declare their marriage, in such manner and form as

•oeromony

MARRIAGES. m

shall be most agreeable. And such minister of the gos- Certificate
pel, justice of the supreme court, judge, or justice of
the peace, shall make a certificate of such marriage, and
return the same, with the license, to the clerk of the
county commissioners' court, who i^ucd such license
within thirty days after solemnizing sucU marriage; and
lerk, after receiving such certificate, hall make a
registry thereof, in a book to he kept by him foi <|laf- pur. Rej?i3tr
pose only; which registry shall contain the christnri ancj
surnames of both the parties, the time of their marn^e what itahali
and the name of the person certifying the same; and sair* c0,lta,n
clerk shall at the same time, endorse on such certificate,
that the same is registered, and the time when; which
certificate shall he carefully tiled and preserved; and the ,4

same, or a certified copy of the registry thereof, shall be marriage Q"
evidence of the marriage of the parties.

Sec. J. No person shall be joined in marriage, as afore-
said, unless their intention to marry shall have been pub- Publication flf
lisheti at least two weeks previous to such marriage, in s
the church or congregation to which the parties, or one
of them belong; or unless such persons shall have ob-
tained a license, as herein provided.

Sec. 5. In all cases, when publication of such intention
to marry has not been made, as before described, the par- icerist
tics wishing to marry, shall obtain a license from the clerk
of the county commissioners' court of the county where such
marriage is to take place; which license shall authorize
any regular minister of the gospel, authorized to marry by
the church or society to which he belongs, any justice of
t!ie supreme court, judge, or justice of the peace, to cele-
brate and certify such marriage; but no such license shall
be granted, for the marriage of any male under twenty- notto issue On^

7 e P P i * . i r • i , less by consent

one years oi age, or female under the age ot eighteen ot- IJaJenlSj &c.

year-, without the consent of his or her father, or if he be

dead or incapable, of his or her mother or guardian, to be

noted in such license; and if any clerk shall issue a li- Penalty forifc

e for the damage of any such minor, without consent, "^hoiuuch
as aforesaid, he shall forfeit and pay the sum of three cousent
hundred dollars, to the use of s«ch father, mother, or
guardian, to be sued for and recovereuin any court hav-.
ing cognizance thereof; and for the purpose of ascertain-
ing the age of the parties, such clerk is hereby authoriz-
ed to examine either party, or other witness on oath.

Sec 6. If any clerk shall for more than one month, re-
fuse or neglect to register any marriage certificate which xegkct to r.er
has been or may hereafter be delivered to him for that gister raarriaJi
purpose, (his fee therefor being paid) he shall be liable to ctrt'ncate
fee removed from office, and shall moreover pay the sum

290.

MILITIA.

of hundred dollars, to the use of the party injured, to be
recovered by action of dejrt, in any court having cogni-
zance of the same.

Sec. 7. If any mipisier, justice of the supreme court,
Penalty for not judge, or justice of' the peace, having solemnized a mar-
remrn ng cer- rjag^ or cierk of any religious society, as the case may be,
shall not ma^ return of a certificate of the same, as re-
quired, w*hin the time limited, to the clerk of the com-
missio^rs' court, of the county in which such marriage
wa^iolemnized, he shall forfeit and pay one hundred dol-
>rc for each case so neglected ; to go to the use of the
. '^county; to be recovered by indictment. And if any min-
ister of the gospel, justice of the supreme court, judge,
£sJm*en£kh- or anJ other officer or person, except as hereinbefore ex-
out* license cepted, shall solemnize and join in marriage any couple
without a license, as aforesaid, he shall, for every such of-
fence, forfeit and pay one hundred dollars, to the use of
the county, to be recovered by indictment.

The act entitled "An act regulating marriages," ap-

Acfc repealed proved February 20th, 1819, is hereby repealed; but

rights acquired, and forfeitures incurred, under that act,

are not hereby affected. This act to take effect on the

first day of June next.

Approved Feb. 14, 1827.

MILITIA.

in force Feb AN ACT in addition to the act entitled "An act for the organ-
0, 1827 ization and government of the Militia of this State, ap-

proved January 25, 1826."

Sec. 1. Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That it shall be the duty

Independent of all independent companies in this state, cavalry and artil-

comnaines to , r # r ' J m

muster with the ler.V companies excepted, to muster with the regiment or
regiment odd battalion, (as the case may be.) of the county to which

they may bclong,^jJkmusters of such regiment or bat-
talion; unless expressly permitted, by the officer exercising
the command of such regiment or battalion to do other-
wise: Provided, that "nothing herein contained, shall he
construed (o exempt any such company of cavalry or ar-
tillery, as aforesaid, from a strict obedience to the orders
of the commandaut, for the time being, of the regiment
or battalion to which they may be attached.

Sec 2. The company musters of such companies as
shall compose the third battalion, in any of the regimenh

MILITIA. 29i

in this state, shall he held on the third Saturdays in the Company mu»
months of April and June in each year. *e,s ot the 3x3

Sec. 3. All elections for a laajor general or brigadier
general, shall be held by the Gon*ni8sioned officers, and Elections
such as may be entitled to commi»j0ns, 0f the several
regiments and odd battalions, composite tne division or
brigade, wherein such elections shall be ordered to be
held, at their usual place ot holding regimen aj ancj 0^
battalion musters, respectively; and all election. for co|0.
nels, lieutenant colonels, majors, captains, and >uu^ern
officers, shall be held by the officers and militia men, Cw^.
posing the regiment, battalion, or company (as the cast,
may be) wherein such election shall be ordered to be held,
at the usual place or places of holding company musters,
respectively, unless the officer ordering such election, shalL
direct the same to be held at a different place.

Sec. 4. It shall be the u^uty of the officers or militia
men (as the case may be) at all such elections of offi- Rlectio" olS ,
eers as aforesaid, when assembled at the place where the JU bCS
same shall be directed to be held, to proceed to elect from
among themselves, three judges and one clerk of the
election; who shall, previous to the commencement of
the election, severally take an oath before some justice
of the peace, or commissioned officer of the militia, in
the following form, to wit: You and each of you do so- Their oath
letnnly swear, (or affirm,) that you will faithfully and im-
partially receive, count, and make return, of alL the votes
iegaliy given to each person who may be voted for at the
present election, so help you God. After which, the said Proceeding^
judges and clerk, shall, between the hours of ten o'clock, e cct!0n
A. M. and hve o'clock P. M. proceed to open polls, and
receive the votes of all qualified electors, who may legally
apply to give the same; and shall make return thereof,
in manner and form as is hereinafter directed, and as is
prescribed in the eleventh section of the act to which this
is an addition.

Sec. 5. At all militia elections, hereafter to be held in
this state, the electors shall vote by ballot; they shall Elections by

, • i • i ., . •, , • , i • i ballot

bring tneir votes, legibly writtaH yrinted on a single
piece of paper, with the names^ pBWfegtli, and the of-
fices designate*! for which such voles are givven, and shall
deliver the same to one of the judges of the election, who
shall put the same in a ballot box, or other place for safe
keeping, until the whole shall be taken and counted out.
And as often as any ballot ^hall be delivered to the judges,
as aforesaid, it shall be the duly of the clerk to set down ,

in a poll book, to be provided for that purpose, the name
Uveriua the same: which said poll book

292

MILITIA.

Form of poll
book

shall be in the following form, to wit: A poll book of ao
election held at in the county of in the

regiment of Illinois milit*^ on the day of

one thousand eight hu^red and

NAMES OF W

'ERS.

NAMES OF VOTERS.

Form of elec
fiou. return

Provided^ JJ^t no ballot shall he rejected on account of

fcnperfeet bal- anv miSr^elling, or abbreviation of the name of the per-

lots not to be gon .^ed for, or for an omission to designate the office.

? wjyfe jt shall evidently appear to the judges, for whom

yffe vote was intended.

Sec. 6. When all the votes at any militia election shall

have been given, and counted out, as aforesaid, it shall be

the duty of the judges, to cause their clerk to make out a

return thereof as near as may be in the following form, to

I wit:

"At an election held at in the county of

in the regiment of Illinois Militia, on the day

of in the year one thousand eight hundred and

the following named persons received the number of votes
annexed to their respective names, for the following de-
scribed offices, to wit:

. A. B. had votes for Major General.

C. D. had votes for Major General,

E. F. had votes for Colonel.

G. H. had votes for Colonel.

And in like manner for all other officers.
Certified by us A. 13.)

C. DA Judges of election.
E. F.$
Attest

J. H. Clerk of election"'
After which, the judges of the election shall cause the poll
book to be transmitted to the adjutant of the regiment (or
odd battalion, as the case may be) to be by him tiled with
the records in his office; and in case of any contested
election, it shall be the duty of the adjutant, to transmit
the same to the jm^^w officer of the court of inquiry
in which such gJHWWroll be tried.

Sec. 7. All contested elections, in the .militia of this
state, shall be tried by a board of officers to be appointed
for that purpose, by the officer ordering the same, under
the rules and regulations following, to wit: the comman-
der in chief shall appoint the board of officers to decide
the contested elections of major generals: major general?
shall appoint the board to decide the contested elec
;ion£ of brigadier generals: brigadier generals shall a]

To whom the
returns to be
made

Contested elec-
tions

MILITIA. 23«

point the board to decide the contested elections of colo-
nels, lieutenant colonels, and majors: and the comman-
dants of regiments and odd battalions, for the time being,
shall appoint the board to decide the contested elections
of captains and subaltern officers: Provided, that in all
cases the members composing such board of officers as
aforesaid, shall be as near the rank, as may be, of the offi-
cer whose election shall be contested, and shall consist of
not less than three, nor more than seven members.

Sec. 8. The officer appointing the board of officers as No,ice tovneTO-
aforesaid, shall notify each member thereof in writing, of berso* boards
the time when, and place where such board is to be held; °r officers
and if any officer, when so appointed and notified as afore-
said, shall neglect or refuse to attend at the time and place
of holding such board, lie shall be liable to be fined as in
other cases for neglect of duty.

Sec. 9. The division inspector, shall attend all boards _ ■

~ „. , . , i * • i j. ,i Contested elec-

of officers, which may be organized to pass upon toe con- tions

tested elections of major-generals, and shall keep a record
of the proceedings of such boards respectively. The
brigade inspector shall attend all boards which maybe organ-
ized to pass upon the contested elections of brigadier gen-
erals; and shall keep a record of the proceedings of such
boards respectively. And the adjutant of the regiment
(or .odd battalion, as the case may be.) shall attend all
boards which may be organized, to pass upon the contes-
ted elections of colonels, lieutenant-colonels, majors, cap-
tains, and subaltern officers; and shall keep a record of
the proceedings in each case respectively: and the deci-
sions of all such boards of officers, which may at any time
be instituted as aforesaid, shall be final and conclusive up-
on all the parties concerned.

Sec 10. Whenever any election shall be contested as Election being
aforesaid, it shall not be lawful for the officer, whose duty contested, &c
it may be to certify the same, to make return thereof, un-
til a 'decision shall be had thereon as aforesaid: after
which the presiding officer of the board, shall certify to
the officer who may have appointed the same, which of
the contending parties is entitled to the office; and such
successful party shall then be commissioned as in other
cases: Provided, that no exception shall be allowed to be
taken to the election of any officer, unless the same be
done within twenty days alter such election shall have
been lucid.

Sec. 1 1 . The presiding officer of any board, which may Attendance of
at any time be appointed to pass upon a contested elec- wi-f-ss-s
tion as aforesaid, shall have power at the request of cith-
er party to send for and examine witnesses^ and if any

294 MILITIA.

witness, when properly summoned, shall refuse or neglect
to attend any such board as aforesaid, without a reasona-
ble excuse, it shall be the duty of the presiding officer as
aforesaid, to turn such witness over as a delinquent to the N
next regular court of inquiry, to he held for the county
wherein such witness shall reside; who shall thereupon
proceed to acquit or to assess the fine of such witness, as cir-
cumstances shall require, in like manner as is prescribed
against delinquent militia men for failing to attend muster
when legally required so to do.

Sec. 12. In all cases of vacancy, in any of the militia
hw fried *' office in this state, (staff officers excepted.) whether by
death, resignation or otherwise, elections to fill such vacan-
cies, shall be ordered as follows, to- wit: All elections for
major generals shall be ordered by the governor or com-
mander in chief; elections for brigadier generals, by the
major generals, within their respective divisions; elections
for colonels and majors of odd battalions, by the brigadier
generals within their respective brigades; and the elec-
tions of all other regimental and battalion officers, by the
colonels and majors commanding odd battalions, within
the bounds of their commands respectively; and in all ca-
ses where any such election shall he ordered as aforesaid,
a corresponding notice shall be given, and the like returns
thereof shall be made, as is herein before directed, and as
is required by the eleventh section of the act to which
this is an addition, in cases where elections are directed to
be held to fill vacancies, occasioned by resignations: Pro-
vided, that in all cases where there shall be no commission-
ed or non-commissioned officer in the company in which an
election for company officers is directed to be held as afore-
said, the commanding officer of the regiment or odd bat-
talion,(as the case may be,) shall have power to order any
private militia man, belonging to such company to give ten
day's notice of the time and place of holding such elec-
tion; and the election shall thereupon be conducted in all
respects as in other cases.

Sec 13. Whenever any militia officer shall be declared
Gflkerser.ti- *° De duly elected, he shall be entitled to receive a certif-
tled to a certifis icate from the officer ordering such election, which shall
cateot election autborize him to command as such, until his commission
can be procured. And in all such cases the officer granting
such certificate, or some justice of the peace, shall ad-
minister to such officer the necessary oaths of office, and
endorse the same on such certificate.
Oaths of office Sec. 14. All oaths of office to be taken by the militia
officers in this slate, shall (as near as may be,) be in the fol-
lowing form to-wit : ! do solemnly swear, or affirm, that I

iMTLlTlA. m

Will support the constitution of the United States and of
this state, that I have not been engaged in a duel by sei d-
ing or accepting a challenge to fight a duel, or by fighting
a duel, or in any other manner in violation of the act enti-
tled "An act to suppress duelling?-' since the passage of
said act; nor will I be so concerned directly or indirectly,
during my continuance in office; and that 1 will faithfully
discharge the duties of captain in the regiment of

Illinois militia, (or otherwise, as the case may be) to the
best of my skill and understanding, so help me God." —
Which said oath shall be endorsed on the commission or
certificate, (as the case may be,) and certified by the offi-
cer administering the same.

Sec 1 5. In addition to the stafTin the several regiments Colour bearer
and odd battalions, in this state, as at present organized,
there shall be appointed by the commandant of each regi-
ment and odd battalion, a colour bearer, to each battalion;
whose duty it shall be to take charge of the colours of the
battalion, to which he may belong, and to bear the same
at all regimental and battalion parade? and drill musters,
and on such other occasions as shall be necessary, when re-
quired so to do.

Sec 16. Whenever any officer of the militia in this officers serving
state, shall have served as such, without intermission, for seven years
the period of seven years, and shall have been completely exempted froja
equipped for the whole of said time, according to law, he m" Uu "5
shall ever after be exempted from the performance of mil-
itary duty, except in time of war, invasion, or insurrec-
tion.

Sec. 17. If the members of any militia company in „

, . . i , i <» ^ J i r <r? Comoanv re-

this state, shall neglect or refuse to elect company omcers fusing ;o elect

to command such company, when legally notified of the officers may be
time and place of holding an election, for such purpose, nearest compar-
and such company shall thereby become un-officered and ny
disorganized, it shall be the duty of the commandant of
the regiment or odd battalion, (as the case may be,) to
attach such company to the next nearest company in the re-
giment or battalion, to which the same may belong, without
delay. Whereupon, the officer commanding the compa-
ny to which the same may be attached, shall proceed to
enrol the names of all militia men, within the bounds of
such attached company, and shall require them to per-
form military duty in such company, in all respects, as
though they had originally belonged to his command.

Sec IB. All volunteer, cavalry, grenadier, light infan- Timp a]]ow^
try, and rifle companies now raised and organized, shall fur Cliaippbg
have until the first day of April next, to uniform and
equip themselves, respectively: Provided, that no such

99ft

MILITIA,

and fine for
•amission

Fine of officers
for not equip-
ping

Resignation en-
orsed

Shooting
matcbes

Vine

company shall hereafter be dissolved tor the want of
equipment, as the law directs; but in such case, each
member shall be tined twenty-five cents, for each and eve-
ry day he shall appear on parade without being equipped,
according to law, and the regulations of the company to
which he may belong.

Sec. 19. In all cases where militia officers shall be fined
for appearing on parade without equipments, the fine
shall be proportioned according to the extent to which the
uniform of such officer shall be deficient.

Sec. 20. In all cases, hereafter, where a resignation is
accepted, the cause of resignation ma) be either endors-
ed on the commission, or, if the commission be not sur-
rendered, on the letter of resignation.

Sec. 21. It shall hereafter be lawful for all militia men
and others, in this state, to engage in shooting matches
for beef, and other property, at militia musters, and ePe-
where : Provided, due precaution be taken to guard against
all accidents which may endanger the safety of such per-
sons as may be present.

Sec 22. No non-commissioned officer, musician or pri-
vate, shall be fined more than twenty-five cents, for non-
attendance at any company muster, if he reside more
than fifteen miles from the place of holding the same; or
for non-attendance at any battalion muster, if he reside
more than twenty miles from the place of holding the
same; or for non-attendance at any regimental or drill
muster, if he reside more than twenty-five miles from the
place of holding the same. This act to be in force from
its passage*

[Approved, Feb. 9j 1827.]

MILITIA,

In force Ftb.
6, 1827

AjV ACT for the relief of persons having conscientious scru-

ples against beatim

arms.

Person con-
scientiously
scrupulous of
bearing arms
entitled to au
exemption

Sec 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That every person who
has conscientious scruples against bearing arms, or being
engaged in military operations, shall be exempt from per-
forming militia duty in time of peace, on condition that
he will perform three days' labor, annually, in addition to
the labor required of him by the general road law, on the
public highways, in the road district in which he resides*
under the direction of the. supervisor of such district.

MILLS AND MILLERS. W

■Sec, 2. Every person claiming relief under this act,
shall make an acknowledgment in writing before some ^^fuS^.
judge or justice of the peace of the county in which such oAhe benefit «f
person resides, that he in sincerity and truth has conscien- i-1*13 act
tious scruples against bearing arms, or being engaged in
military operations, and the same being signed by the per-
son, and certified by the judge or justice, shall be pre-
sented by the person claiming relief under this act, to the
supervisor of the road district in which he resides, who
shall enter the name of such conscientious person, on a
list, to be kept by him, of the names of persons in his dis-
trict who are conscientiously scrupulous of bearing arms,
and the supervisor shall certify on the back of such ac-
knowledgment and certificate so presented to him, that
the name of the person presenting the same, has been en-
tered on the list aforesaid. And the commanding officer
of the company in which such conscientious person may
he enrolled, on being presented with the acknowledgment
-\nd certiticate, aforesaid, shall cause the name of such
conscientious person to be erased from the roll.

[Approved, Feb. 6, 1827.]

MILLS AND MILLERS.

AN ACT regulating Mills and Millers. ufi&r**

Sec. 1. Be it enacted by the People of the Side of Illinois,
represented in the General Assembly, That when any person when sn.i how-
owning lands on one side of any stream or water course, *™ldfj^ m
the bed of which wholly or in part belongs to himself or ^yis*^P
herself, and may be desirous of building a water grist
mill, or saw mill, on such lands, or to erect any dam across
such water course, for that purpose, and shall not own the
lands on the opposite side of such stream, or water course,
such person, on application to the county commissioners'
caurt of the county where the opposite lands may lie, may
obtain a writ of ad quod damnum, to be issued, directed
and proceeded on as is hereinafter directed: Provided, Notice ©f-appl^
That notice in writing of such application, be given four eatiou for wish
weeks before the said application, by personal service on w,lt
the owner or owners of such lands, his, her or their agents,
if to be found in the county, and if not, then by affixing
Such notice on the court house door of the county.

Sec. 2. The said writ shall be directed to the sheriff of "JJ**.^*
the county in which the lands to be affected thereby may edMl^ ,,.<>/
lie, conituandiu- him to summon twelve good and lawful
38

(i9B

MILLS AND MILLERS.

Jury

Inquisition and
return thereof

Notice to the
owner ol the
laud

"Substance of
the writ

Leave to build
a mill dam to
ove.fi rv.v any
dwelling house
fcc. not to be
given

men of bis county, to meet upon the lands in such writ
named, on a day therein to be specified; and ten days
notice of the execution of such writ, shall be siven by the
sheriff, to the proprietors of such lands, as before directed
in the case of notices, unless the party, his, her or their
agent, were present, in court when such writ was ob-
tained.

Sec. 3. The jury so summoned, when met, shall be
sworn and charged by the sheriff, impartially, and to the
best of their skill and judgment to view the lands in the
said writ described, and the lands above and below the
proposed dam^and ascertain the damages, as by said writ
directed, and shall locate and set apart, by metes and
bounds,* so much land as they shall think necessary for the
purpose of erecting such dam, not exceeding three acres,
having due regard in such location, to the interest of both
parties, and shall appraise the same at its true value; al-
so to examine the lands of other persons, which may pro-
bably be overflowed by the erection of such dam, and-
say what damage each owner will sustain thereby, and
wnether the dwelling house, out house, orchard, or gar-
den, of any such owner will be overflowed; and whether,
in their opinion, the health of the neighborhood will be
injuriously affected by such overflowing; which inquisi-
tion shall be made and signed by all the jurors, and re-
turned, by the sheriff, with the writ, to the next term of
the court, whence it issued.

Sec. 4. When the inquest aforesaid shall be taken, the
party obtaining the same shall notify the owner or owners
of lands, mentioned in such inquisition, whose lands are
to be affected by the same, to appear at the next county
commissioners' court, and shew cause why leave should
not be granted to build such mill and dam; which notice
shall be served as before directed.

Sec 5. Any person wishing to build such mill, and to
dam any water course, who may own the land on both
sides of such stream, shall make application as aforesaid
to the court of the countv where such mill is proposed to
be erected, for a writ to examine, as aforesaid, what lands
may be thereby overflowed, and what damage will be
sustained by the owner or owners of such lands; and
whether the health of the neighborhood will be affected
by such overflowing; which writ shall be issued, directed,
and returned, as before prescribed.

Sec 6. If on such inquest, or other evidence, it shall
appear to the court that the dw( lling house of any propri-
etor, or any out house, garden, or orchard will be over-
flowed, or. the health of the neighborhood impaired, they

MILLS AND MILLERS. 299-

shall not give leave to erect such clam; otherwise, 'if the
said court shall judge it reasonable, and lor public: benefit,
the)' may give leave, and may lay the p^rty applying, un-
der such regulations and restrictions, in respect to the
navigation of such stream, as they shall judge proper.

Sec. 7. It the party applying, obtain leave to build the Damages*-
said dam, he shall, on paying to the proprietor or propri- spus^e(1,tobe
etors of the lands located, and tiie damages assessed by
the jury as aforesaid, ecome seized, in fee, of the land
so located, to him, his heirs and assigns. Bui if he shall
not, within one year thereafter, begin to build the said VIi„tobecom.
mill, and finish the same within three years, and after- {tlt:t(il\ Wi,wm 3
ward, keep it in good repair for the accommodation of je^etettjr
the public; or in case the said mill or dam be destroyed, t0 ol.igmHl owrv.
shrill not begin to rebuild in one year after such destruc- er
tion, and finish it in three years, the- said land shall revert
to the former owner, and his heirs; unless at the time of
such destruction the owner of such mill be an infant, or
otherwise disabled in law ; in which case, the same term
shall be allowed after such disability is removed.

Sec. 8. The inquest of the jury aforesaid, or the opinion
of the court shall not bar any prroseciuion or action, which gyj^"^
would otherwise be maintained in law, had this act never cauou
been passed, other than for such injuries, as were foreseen
and estimated by the jury.

Sec. 9. Any person having obtained leave to erect any
dam and mill as aforesaid, who shall neglect to finish the JJjgJXj
same, within the term before prescribed in this act, or this act how io_
having erected such mill, shall fail to keep it in repair, cm-red
and running for the accommodation of the public, for the
space of one year, at any one time, shall forfeit all rights
acquired by virtue of this act, or any act of this state.

Sec. 10. All mills now in operation, or which may here-
after be put in operation, in this state, for grinding wheat, whttjj^ pub-
rye, corn, or other grain, and which shall grind for toll,
shall be deemed public mills.

Sec 11. The owner or occupier of every public mill Dutv of miUer3
within this stale, shall grind the grain brought to his mill,
as well as the nature and condition of his mill will permit,
and in due turn as the same shall be brought, and may
take for the toll, if a water mill or steam mill, for grinding
and bolting wheat or rye, one eighth part: for grinding In-
dian corn, oats, barley, and buckwheat, not required to
be bolted, one seventh part: for grinding malt, and chop-
ping all kinds of grain, one eighth part: For an ox or
a horse mill, for grinding and bolting wheat or rye into
flour, one fourth part: for grinding all other gram, one
tb paii, in full of all compensation: Rromded, ll the

300 MILLS AND MILLERS,

Their toll owner of any such grain, ground at an ox or horse mill"
shall furnish team to grind the same, with the consent of
the owner or occupier of sucn mill, the same toll shall
be taken, as is allowed for a water or steam mill, and no
more.

Sec. 12. It shall be the duty of each and every owner

Further duty 'of and occupier of every public mill, to give due and punc-
tual attendance, wnen his mill shall not be out of repair,
and to aid and assist in loading and unloading all grain
which shall be brought to him to be ground. And he
shall keep in his mill an accurate half bushel measure,
and an accurate set of toll disnes. And for a failure to

Penalty for fail- perform any 0f tne duties required by this act, every oc-
cupier of a public mill, shall forfeit and pay the sum of
five dollars, to the use of any person who will sue for the
same, in any court having cognizance thereof.

Sec 13. Every owner or occupier of a public mill, as

Responsibility aforesaid, shall be accountable for the safe keeping of all

©f millers grain, received in his mill for the purpose of being ground,
with the bags or casks containing the same; and shall,
when required, deliver the same, or the flour or meal
thereof, to the owner, or his or her agent or servant, with
the bags or casks in which the same was received: Pro-
vided, that such miller shall not be accountable for any
bags or casks, unless the same be distinctly marked with
the initial letters of the owners name; nor for the loss of
grain, bags, or casks, which may happen by unavoidable
accident.

Sec. 14. If any miller, or the occupier of any mill.

Penalty tor shall take a greater proportionate quantity of toll than is

afing too much allowed hy this act, or shall not sufficiently grind, or grind
and bolt, (as the case may be.) agreeably to the capacity
of his mill, and in due turn, as the same may have been
brought, all grain received into such mill for the purpose
of being ground, or ground and bolted, as directed by the
owner, every miller of a public mill, so offending, shall
forfeit and pay the sum of five dollars, to the party in-
jured; to be sued for and recovered as before provided
for.

Sec. 15. The "act regulating grist mills and millers,''

pealed approved March 25, 1819, is hereby repealed: but no

right acquired, or liability incurred, under said act, shall

be affected by such repeal. This act to take effect and

be in force, from ar.cl after the first dav of June next.

[Approval Fib. 9, 1827.]

MINORS, ORPHANS AND GUARDIANS, 301

-AN ACT concerning Minors, Orphans and Guardians. \nJZrce June l

Sec 1. Be it enacted by the People of the State of Illinois,
.represented in the General Assenihly, That the courts of pro- Orphan minors
bate, in their respective counties, shall admit orphan maj choose
minors above the age of fourteen years, the father being gUttrdiaus
dead, to make choice of guardians, and appoint guardians
for such as are under the age of fourteen years, in all ca-
ses where such minor shall be possessed of, or entitled to
real or personal estate.

Sec 2. Whenever it shall be represented to said court, Ju(] of
that any orphan minor, above the age of fourteen years, hate may notify
has not a guardian, it shall be the duty of said court to is- minor to appear
sue a notification to such minor, to appear before the said
court, ata time therein specified, and choose a guardian;
and if such minor shall neglect or refuse to appear, or on
appearing, shall neglect to choose a guardian, the said
court shall appoint one for such minor, as if said minor
were under the age of fourteen years.

Sec 3. Where a minor having a father living shall be Father mar be
entitled to, or possessed of, any estate, real or personal, not *pp°j?ted
derived from his or her father, the said court of probate, b
shall notify the father to appear and shew cause, why a
guardian for such minor should not be appointed; if suffi-
cient reasons be not shewn, may appoint the father, if he
be a proper person, if not, then such other person as the
minor, if of the age of fourteen years, may choose; if such
minor shall refuse or neglect, or be not of sufficient age to
choose a guardian, the court shall appoint some fit person
to be guardian for such minor. And when any person is
appointed guardian, other than the father, he shall have
the charge and management of the estate, but no control
over the person of the minor.

Sec 4. If the father of a minor be insane, or incapa-
ble from want of understanding, to take care of, and pro-
vide for such minor, the court of probate shall appoint a
guardian as though such/father were dead; such insanity
or incapacity to he ascertained, by inquest in the circuit
court, as in other cases.

Sec 5. Guardians by virtuo of their office as such,
shall be allowed in all cases, to prosecute and defend for
their ward.

Sec C. The court of probate shall take, of each guar*
dian appointed under this act, bond with good security, in Bond to be ejs.-
a sum double the amount of the minor's estate, real and ted by guardian
personal, conditioned as follows: "the condition of this ob-
ligation is such that if the above bound A. B. who has been
appointed guardian for C, D. shall faithfully discharge

302 MINORS, ORPHANS AND GUARDIANS.

the office and trust of such guardian according to law; and
shall render a fair and ju&t account of his said guardian-
ship to the court of probate for the county of

from time to time, as he shall be thereto required
by said court, and comply with all the orders of said court
lawfully made, relative to the goods, chattels and moneys
of such minor, and render a; d pa) to such minor all mo-
neys, goods and chattels, title papers and effects, which
may come to the hands or possession of such guardian, be-
longing to such minor, when such minor shall be thereto
entitled, or to any subsequent guardian, should such court
so direct; then this obligation shall be void, or otherwise
to remain in full force and virtue f which bond shall be taken
to the people of the state of Illinois, for the use of such
minor, and shall not become void upon the first recovery, but
may be put in suit from time to time, against all or any
one or more of the obligors, in the name, and to the use
and benefit of any person entitled, by a breach thereof,
until the whole penalty shall be recovered thereon.
Judge of pro- ^EC* *' Courts of probate shall have power in their re-
bate may call spective counties, with or without previous complaint, by an
guardian to ac- order duly made and served, to oblige all guardians of mi-
nors from time to time, to render their respe< tive accounts
upon oath, touching their guardianship to said courts, for
adjustment, and shall have power to compel such guardi-
an to give supplementary security, whenever it shall judge
proper, and in default thereof, to remove such guardian.
^ Sec 8. The court of probate in all cases shall have

FoweTtore- .- r j j /*> • .l

move guardian power to remove guardians tor good and sufficient reasons,
which shall be entered on record, and to appoint others in
their place, or in the place of those who may die, who
shall give bond and security for the faithful discharge of
their duties as heretofore prescribed in this act; and where
any guardian shall be removed or die, and a successor
be appointed, the court shall have power to compel such
guardian, so removed, or the executors or administrators
of a deceased guardian, to deliver up to such successor, all
goods, chattels, moneys, title papers or other effects; be-
longing to such minor, which may be in the possession of
such guardian, so removed, or of the executors or admin-
istrators of a deceased guardian, or of any other person or
persons who may have the same, and upon failure, to com-
mit the party offending to prison, until he, she or they com-
ply with the order of the court.

Sec 9. Guardians shall have power to demand, sue for,
Power cfr- anc* rece*ve a^ moneys belonging to their wards from exe-
dlaa cutors and administrators, as soon as the same may be col-

lected ; or of any other person or persons in whose hands or

MINORS, ORPHANS AND GUARDIANS. 3Q3

possession the same may be; and it shall moreover be their
duty to put to interest the moneys of their wards upon
mortgage security, to he approved of by the court; which
letting shall always be for one year, and at the end of
each year the interest shall be added to, and made part of
the principal; and said guardians shall also have power to
lease the real estate of the ward, upon such terms, and
for such length of time, as the court of probate shall di-
rect: Provided, such leasing shall never he for a longer
time than during the minority of the ward; and the mi-
nority of females shall cease at the age of eighteen
years.

Sec. 10. The guardian shall have power under the di-
rection of the court of probate to superintend the < duca- Superintend

r I the education

tion and nurture ol tne ward, and lor that purpose may ot his ward
pay out such portions of the ward's money as the court
of probate shall from time to time, by order direct: Pro-
vided, that the rents and profits arising from his real es-
tate, and next the interest on the ward's mon«jy. shall always
be first resorted to, for the education and nurture of the
ward.

Sec. 11. The circuit court may for just and reasona- Sale of real es*
ble cause, being satisfied that the guardian has faithfully tate
applied all the personal estate, order the sale of the real
estate of the ward, on the application of the guardian by-
petition in writing, stating the facts, ard having given no-
tice to all persons concerned, of such intended applica-
tion, in some public newspape/ printed in this state, or by
setting up written notices, in three of the most public pla-
ces in the county, at least three weeks before the sitting of
the court. Such order may enable the guardians to sell
and convey the real estate for the support and education
of the ward, or to invest the proceeds in other real estate*
The court in such order shall direct the time and place of
sale, the notice thereof to be given, and may direct the
sale to be made on reasonable credit; and require such
security of the guardian and purchaser as the interest of
the ward may require. It shall be the duty of the guar-
dian making such sab-, as soon as may bf°, to make return
of such proceedings to the court grautina the order, which
if approved by the court shall be recorded, and shall vest in
the purchaser or purchasers, all the interest the ward had
in the estate so sold; application for the sale of such real
estate shall be made in the county, where the ward shall
reside, although the estate may lie in a different county;
but if the. ward do not reside in this state, such applica-
tion shall he made to the court of the county where the
whole or a part of the e&tate.shull be situated-

504

MINORS, ORPHANS AND GUARDIANS

Sec. 12. An account of all moneys received by any
guardian, for the sale of real estate of any minor as afore-
said, shall be returned on oath by such guardian to the
court of probate of the county, where letters of guardian-
ship were obtained, and such moneys shall be accounted
for, and shall be subject to the order of the court of pro-
bate in like manner as other moneys belonging to such mi-
nor.

Sec. 13. Appeals shall be allowed in all cases from the
order or judgment o( the court of probate to the circuit
court, in the same manner as is provided by an act relative
to wills and testaments, executors and administrators, and
the settlement of intestate's estates.

Sec. 14. Guardians on final settlement, shall be allow-
ed such fees and compensations for their services, as shall
seem reasonable ar.d just to the judge of probate, not ex-
ceeding what are, or shall be allowed by law, to adminis-
trators.

Sec. 15. All laws and parts of laws heretofore enacted
on the subject of appointing guardians to minors, and for
the management of their estates, and every thing relating
Laws repealed thereto, are hereby repealed ; but no right acquired or
proceedings had. or which may he acquired or had before
this act takes effect, under those laws shall be impaired, or
set aside, in consequence of the passage of this act, and all
settlements in those cases shall be made agreeably to the
requitions and provisions of the same. This act to take
effect and be in force on the first day of June next.

[Approved, Feb. 5, 1827.]

Appeals from
jadge at pro-
bate

Compensation,
of guard iaji

NE EXEAT AND INJUNCTIONS.

AN ACT regulating the issuing of Writs of Nc Exeat and
Injunctions.

In force June 1
1827

Sec 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That writs of ne exeat
rcspublica, may hereafter be granted, as well incases where
the debtor demand is not actually due, but exists fairly
and bona fide in expectancy at the lime of tanking applica-
tion, as in cases where the demand is due; and it shall not
When ne exeat be nccessarv to authorize the granting of such writ of rx
maybe granted ^^ ^ tnp appJiranl shoulcl Bhew that his debt Or de*

mund is purely of an equi able character, and only cogni-
zable before a court of equity.
Sec. -2. In case of joint, or joint and several obligors or

NE EXEAT AND INJUNCTIONS. 305

debtors, if one or more of them be about to remove In c»se of joint
without the jurisdictional limits of this state, taking their g^*™1 obIi"
property with them, leaving one or more co-obligors or
debtors bound with them for the payment of any sum of
money, or for the delivery of any article of property, or
for the conveyance of land at a certain time, which time
shall not have arrived, at the time of such intended re-
moval, such co-obligor or debtor who remains, shall be en-
titled on application to a writ of ne exeat, to compel the
co-obligor or co-debtor, who is about to remove, to secure
the payment of his part of the sum to be paid, or of the
delivery of the property, or to convey or to join in the
conveyance of the land. Also incases of security, the writ
of ne exeat may issue on application of a security, against
the principal or co-security, when the obligation or debt
shall not be yet due, and the principal or co-security is
about removing out of the state.

Sec 3. No writ of ne exeat shall be granted, but upon Bill or petition
bill or petition filed, and affidavit to the truth of the alle- to be filed, &c
gations therein contained; upon the granting of any such
writ, the court or judge granting the same, shall endorse,
or cause (o he endorsed, on the bill or petition, in what
penalty, bond and security shall be required of the de-
fendant; and shall also, before issuing the said writ, take
bond of the complainant, with good and sufficient security,
in such sum as the said court or judge shall deem proper,
conditioned, that the said complainant will prosecute his
bill or petition with effect; and that he will reimburse to
the defendant, such damages and costs as he shall wrong-
fully sustain by occasion of the said writ. If any defen-
dant to such writ of ne exeat shall think himself aggrieved,
he may bring suit on such bond; and if on trial, it shall
appear that such writ o(ne exeat was prayed for without a
just cause, the person injured shall recover damages, to
be assessed as in other cases on penal bonds.

Sec. 4. All writs of ne exeat, shall be returnable into
the circuit court of the proper county; and when granted
by a judge in vacation, may be issued under the hand of
the judge; or the jud^e may direct the clerk of the said
circuit court to issue the said writ, and to take bond of the
complainant as is .above required.

Sec. 5. The writ of ne exeat shall contain a summons for The vvr;tw}tut
the defendantto appear in the circuit court and answer to toconuin
to the said petition or bill, and upon the same being ser-
ved upon the said defendant, he shall give bond with sur-
ety, in tlve sum endorsed on such writ, conditioned that he
will not depart the state without leave of the said court.
and that he will render himself in execution to answer any
3.9

$M NE EXEAT AND INJUNCTIONS.

judgment or decree, which the said court may render
against him; and in default of giving such security, he-
may be committed to jail as in other cases, for the want
of bail; no temporary departure of the defendant from
the state shall be considered as a breach of the condition
ofthe said bond, if he shall return before personal appear-
ance shall be necessary to answer or perform any judg-
ment, order, or decree of the said court.
Surety may Sec 6* The surety in any bond for the defendant as

surrender de- aforesaid, may at any time before the said bond shall be
fendant forfeited, surrender the said defendant in exoneration of

himself in the same manner that bail may surrender their
principal, and obtain the same discharge.

Sec. 7. On the return of the writ of neexeat, if the same
shall have been duly served, the court shall proceed there-
in as in other cases in chancery, if the matters alleged in
said bill be purely of an equitable character; and the
time of performance of the duty or obligation of the de-
fendant has expired, if not, then the proceedings shall be
stayed until it has expired; but the court may neverthe-
less proceed to determine whether the said writ ought not
to be quashed or set aside.

Sec 8. The supreme and circuit courts in term time,
and any judge thereof, in vacation, shall have power to
grant writs. of ne exeat and injunctions. No writ of in-
junction shall be granted to stay proceedings under a
judgment obtained before a justice of the peace for a sum
not exceeding twenty dollars, besides the costs.

Sec. 9. When an injunction shall be granted by the su-
Injunctions, kc preme court or a judge thereof, it shall be made returna-
ble into the circuit court of the proper county.

Sec 10. Where an injunction shall be granted to stay
a suit or judgment at law, the proceedings shall be had in
Proceedings on the county where the judgment was obtained, or the suit
injunctions -g penjjng. ancj tr]e wrjt 0f subpoena may be sent in the
first instance into any county within this state where the
defendant resides.
. Sec. 1 1. No injunction shall be granted to stay anyjudg-

otgwnte , -c ment at jaw^ jor a greater sum than the complainant shall
shew himself equitable not bound to pay, and so much
as shall be sufficient to cover costs; every injunction
when granted, shall operate as a release of all errors in the
proceedings at law, that are prayed to be enjoyed. No in-
junction shall be issued unless the complainant shall have
previously executed a bond with sufficient surety to the
defendant, approved by the court or judge granting such
injunction, and filed with the clerk in double the sum di-
rected to be enjoined, conditioned for the payment of all

»E EXEAT AND INJUNCTIONS. 30?

money and costs due, or to be due, to the plaintiff in the
action at law; and also all such costs and damages as shall
be awarded against the complainant, in case the injunc-
tion shall be dissolved, or such bond may be entered into
before the clerk of the circuit court of the county, where
the writ is required to be issued, the court or judge grant-
ing the injunction, having first approved the security. If
the injunction be dissolved in the whole or in part, the com-
plainant shall pay, exclusive of legal interest and costs,
such damages as the court shall award, not exceeding ten
per centum, on such part as may be released from the in-
junction; and the clerk shall issue execution for the same,,
when he issues execution upon such judgment.

Sec. 12. If any person against whom a writ of injunc- Breach of inw
tion shall be issued, shall after the service thereof be guil- JuncUQn
ty of disobedience to, and breach of the said injunction,
it shall be lawful for the judge granting the same; or if
the same were granted in open court; then for any judge
of that court in vacation to issue an attachment against
the said person for a contempt, upon his being brought be-
fore the said judge, unless he shall disprove or purge the
said contempt, the said judge may in his discretion, com-
mit him to jail, until the sitting of the court, in which the
said injunction is pending, or take bail for his appearance
in the said court at the next term thereof, to answer for
the said contempt, and to abide the order of the court
thereon.

Sec. 13. Upon the filing of an answer, it shall be in or- Procedinf, aftg„
der at any time in term, to move for the dissolution of the answer fifed
injunction; and upon such motion it shall be lawful for
the parties to introduce testimony to support the bill and
answer: the court shall decide such motion upon the
weight of testimony, without being bound to take the an-
swer as absolutely true. If, after such dissolution is mov-
•ed for, the plaintiff in the bill, will satisfy the court by his
own affidavit or the affidavit of any disinterested person,
that the answer, or any material part thereof, (to be speci-
fied in such affidavit) is untrue, and that he has witnesses
whose testimony he believes' he can procure by the next
term of the court, who will disprove the said answer, or
such material part thereof as shall be specified as afore-
said, and that he has had no opportunity to procure such
testimony, since the coming in of the answer, it shall be
lawful for the court to grant a continuance of the said
motion, until the next term. The teslimony to be heard
on such motions, aside from the bill and answer shall be, by
depositions in writing, taken as in other cases in chance-
ry proceedings, except the affidavits which may have been

3D6

Acts repealed

OATHS AND AFFIRMATIONS.

filed with the bill or answer, which may be read on such
motion as heretofore; and the depositions taken to dis-
solve an injunction, may be read on the final hearing of
the cause in which they have been taken.

Sec 14. Ail acts and parts of acts coming within the
intent, spirit and meaning of thi* act, and the objects and
proceedings to which it relates and heretofore in force in
this state, are hereby repealed. No proceedings, howev-
er, had, or rights secured under them, shall be in any way
impeded or impaired, but may be prosecuted and enfor-
ced, as if this act had not taken effect. This act to take
effect on the first day of June next.

[Approved, Jan. 22, 1827.]

OATHS AND AFFIRMATIONS.

In force Dei
26, 1826

Conscientious
persons may
sw-ar without
kissing book

Manner of it

Subject to the
same penalties
as in other cases

Such persons

may affirm

"Penalty for
corruptly af-
firming, &c.

AN ACT concerning Oaths and Affirmations.

Sec. 1 . Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly, That whenever any person
shall be required to take an oath before he enters upon
the discharge of any office, place, or business, or on any-
other lawful occasion, and such person shall declare that
he or she has conscientious scruples about the present
mode of administering oaths, by laying the hand on, and
kissing the gospels; it shall be lawful for any person em-
powered to administer the oath, to administer it in the
following form, to wit: the person swearing shall, with
his ftr her hand uplifted, swear by the ever living God; and
shall not be compelled to lay the hand on, or kiss the Gos-
pels. And oaths so administered, shall be equally effec*
tual, and subject such persons to the like pains and pen-
alties for wilful and corrupt perjury, as oaths administer-
ed in the usual form.

Sec 2. Whenever any person required to take or sub-
scribe an oath as aforesaid, and in all cases where an oath
is upon any lawful occasion to be administered, and such
person shall have conscientious scruples against taking an
oath, he or she shall be admitted instead of taking an oath,
to make his or her solemn affirmation, or declaration in
the following form, to wit: "You do solemnly, sincerely, and
truly, declare and affirm;'' which solemn affirmation, or
declaration shall be equally valid, as if such person had
taken an oath in the usual form; and every person guilty
of falsely and corruptly declaring as aforesaid, shall in-
cur and suffer the like pains and penalties as are or shall

occasions

POOR. .09

be inflicted on persons convicted of wilful and corrupt
perjury.

Sec. 3. All courts now established, or hereafter to be
established, and each judge, justice, and clerk thereof, Who may ad-
and all justices of the peace, shall, respectively, have ^",ster oulh8'
power to administer oaths and affirmations to witnesses
and others, concerning any thing depending, or proceed-
ing commenced, or to be commenced, before them, re-
spectively; and the said courts, the judges, justices and and upon what*
elerkg thereof, within their respective districts, circuits, or
counties, and the justices of the peace within their coun-
ties, shall respectively have power to administer all oaths
of office, and other oaths required to be taken by any per-
SDn before entering upon the discharge of the duties of
any office, appointment, place or business, or any other
lawful occasion, and to take affidavits and depositions con-
cerning any matter or thing, process or proceedings, de-
pending or to be commenced, in any court, or before any
jus lice of the peace, or on any occasion wherein such af-
fidavits or depositions are authorized or required bylaw
to be taken. And all oaths, affirmations, affidavits and penalty for
depositions, so administered or taken, shall subject any false swearing
person who shall so swear or affirm, wilfully and falsely,
in any matter material to any issue or point in question,
to the like pains and penalties inflicted by law, for the
time being, on persons convicted of wilful and corrupt
perjury.

[Approved, Dec. 26, 1326.]

POOR.

AY ACT for the maintenance of the Poor. in force Mar

1, 1827

sec. 1 . Be it enacted by the People of the State of Illinois,
4 -presented in the General Assembly, That the county com-
missioners of the several counties in this state, shall be, P3,11"!7 comV*

, . 7 7 to nave super--

and they are hereby vested with entire and exclusive su- intendence of
pciintendcnce of the poor, in their respective counties. l'001'
Sec. 2. Every poor person who shall be unable to earn „r? , , .

i- ii j • r i ft • /? .j What relatives

a livelihood, in consequence ot any bodily infirmity, or Shaii support
other unavoidable cause, shall be supported by the father, each other
grandfather, mother, grand mother, and children, of such
pauper, if they or cither of them be of sufficient ability:
and every person who shall fail or refuse to maintain his
^r her father, grand father, mother, grand mother, oi
child, when directed by the county commissioners' court.

310 PRACTICE.

t>f the proper county, so to do, shall forfeit and pay, to the
said county commissioners, for the use of the poor of their
county, the sum of rive dollars for every month for which
they or either of them shall so fail or refuse, to be recover-
ed in the name of the county commissioners, for the use
of the county, before any justice of the peace.

Sec. 3. When any person shall be incapable of earn-
Poop having ro j,^ a livelihood, as aforesaid, and shall not have any such

relations, &c. f . . . ' ... J

how supported . relatives as are named in tne preceding section, or such
relatives shall not be of sufficient ability, or shall fail or
refuse to maintain such pauper, then the said pauper shall
receive such relief as his or her case may require, out of
the county treasury: and the county commissioners may
either make contracts for the necessary maintenance of
the poor, or appoint such agents as they may deem neces-
sary, to oversee and provide for the same.

Sec 4. When any minor shall become, or be likely to

irov?ded?or become chargeable to the county, either because of be-
ing an orphan, or because the parents or other relatives
of such minor are unable or refuse to support such minor,
it shall be the duty of the county commissioners to bind
such minor as an apprentice to some respectable freehold-
er of the county, by written indenture, which shall bind
such minor to serve as an apprentice, until the age of
twenty-one years, if a male, and the age of eighteen, if a
female; and shall bind the person receiving the services
of such apprentice, to furnish said apprentice with com-
fortable board, lodging, washing, and clothing, and with
so much schooling, and compensation, as shall be deemed
right.

Sec 5. An act entitled "an act for the relief of the

Acts repealed poor„ approved March 5, 1819, is hereby repealed.
This act to be in force from and after the first day of May
next: Provided, that no rights that have accrued under
the law hereby repealed, or penalties incurred, shall be
affected by the passage of this act, but the same shall be
prosecuted according to the provisions of the act hereby
repealed*

Approved Feb. 2, 1827.

F.n fopce 5une
6, 1827

PRACTICE.

AN ACT concerning Practice in Courts of Law,

Sec. 1. Be it enacted by the People of the Statv\of Illinois rept
resented in the General Assembly, That the first process in all

PRACTICE. 311

actions to be hereafter commenced in any of the circuit First process to

«. .1 . *_*_ u it i L- be a summons

courts of tins state snail be a summons, except actions

where special hail may be required: which summons

shall be issued under the seal of the court tested in the how iSSUe(j

name of the presiding judge, dated on the day it shall

be issued, and signed with the name of the clerk; and

shall be directed to the sheriff (or if he be interested in the

suit) to the coroner of the county in which the defendant \°c^m dl~"

or defendants, or some or one of them reside, or may be

found; and shall be made returnable on the first day of when retuina-

the next circuit court in which the action may be com- b,e

menced.

Sec. -2. It shall be the duty of the sheriff, or coroner, __. , ,

c J ', ., , | When to be

to serve all process ot summons, or capias, when it shall scived

be practicable, ten days before the return day thereof,
and to make return of such process to the clerk who issu-
ed the same, by or on the return day, with at; endorsement and how re*-
of his service, the time of serving it, and the amount of tarne
his fees: Provided, that when such process shall have heen proviJ
directed to a foreign county, the officer executing the
same, may make return thereof by mail; and the clerk
may charge the postage, and tax the amount in his fee
bill.

Sec. 3. If it shall not be in the power of such sheriff
©r coroner to serve such summons or capias, ten days be-
fore the return day thereof, he may execute the same at
any time before or on the return day, but in such case
the defendant or defendants shall be entitled to a con-
tinuance, and shall not be compelled to plead before the
next succeeding term.

Sec. 4. Whenever it shall appear, by the return of the
sheriff or coroner, that the defendant or defendants are ^ touS?*
not found, the clerk shall, at the request of the plaintiff,
issue another summons, or capias, (as the case may be,)
and so on until service be had, and the defendant or de-
fendants be summoned, or brought into court, and if such «„_.„ ntt M

> ' O ' OrMVICc on one

summons or capias be served on any one or more, but not o- the (lefts

on all of the defendants, the plaintiff or plaintiffs shall be effect of

at liberty to proceed to trial and judgment, in the same

manner as if all the defendants were in court: and any

judgment so obtained shall be valid against the defendant

or defendants on whom the process had been served, and

the plaintiff or plaintiffs may, at any time afterwards,

have a summons in the nature of a scire facias against the SjJJaJJpJ^

defendant or defendants, not served with the first process served

as aforesaid, to cause him, her, or them, to appear in the

said courts and shew cause why he, she, or they, should

not be made party to such judgment, and the court shall

PRACTICE,

proceeding
thereon

Judgment

Officer not re-
turning process
rule maj be
made

proceedings
thereon

Declaration
^hentobe filed

Docket, how
kept

thereupon proceed to hear and determine the matter, in
the same manner as if such defendant or defendants had
been originally summoned or brought into court; and such
defendant or defendants shall also be allowed the benefit
of any payment which may have been made on the judg-
ment before recovered, and the judgment of the court
against the defendant or defendants in such case, shall be
that the plaintiff or plaintiffs recover against such de-
fendant or defendants, together with the defendant or de-
fendants in the former judgment, the amount of his debt
or damages, as the case may be.

Sec. 5. If any sheriff or coroner to whom any sum-
mons or capias shall be delivered, shall neglect or refuse
to make return of the same, before or on the return day
of such process, the plaintiff may enter a rule re-
quiring said sheriff or coroner to make return of such
process on a day to be fixed by the court, or to shew cause
on that day, why he should not be attached, for a con-
tempt of the court; and the plaintiff shall thereupon
cause a written notice of such rule to be served on such
sheriff or coroner, and if good and sufficient cause be not
shewn to excuse such officer, the court shall adjudge him
guilty of a contempt; and shall proceed to punish such of-
ficer as in other cases of contempt.

Sec. 6. If the plaintiff shall not file his declaration,
together with a copy of the instrument of writing or ac-
count on which the action is brought, in case the same be
brought on a written instrument, or account, ten days be-
fore the court at which the summons or capias is made re-
turnable, the court, on motion of the defendant, shall con-
tinue the cause at the cost of the plaintiff, unless it shall
appear that the suit was commenced within ten days of
the sitting of the court, in which case the cause shall be
continued without costs, unless the parties shall agree to
have a trial, and if no declaration shall be filed ten days
before the second term of the court, the defendant shall
be entitled to a judgment, as in case of a non-suit.

Sec 7. The clerks of the circuit courts shall keep a
docket of all the causes pending in their respective courts,
in which shall be entered the names of the parties, the
cause of action, and the name of the plaintiff's attorney;
and he shall furnish the judge and bar at each term,
with a copy of the same, in which all indictments
and causes to which the people may be a party, shall
be first set down, after which shall be set down all
ca?rs in law, in order, according to the date of their
commencement; and lastly the suits in chancery: and the
clerk shall also set and apportion the. causes for as many

PRACTICE. SIS

days of the term as he may think necessary, or be direc-
ted uy the jud^e; and all subpoenas for witnesses shall
be made returnable, on the day on which the cause in
which the witnesses are to be called, is set for trial.

Sec. 8. Tlie clerks shall, from time to time issue sub-
poenas for such witnesses a* may be required by either Clerks to issue
party, returnable on the day for which the cause in which ,u p0Boas
they are required to attend, is set for trial, and every
clerk who shall refuse so to do, shall be fined, at the dis-
cretion of the court, in any sum not exceeding one hun-
dred dollars.

Sec. 9. In all cases pending in any circuit court of this
state, it both tlie parties shall agree, both matters of law
and fact may be tried by the court.

Sec. 10. The several circuit courts shall have power,
in any action pending before them, upon motion, and good Court may
and sufficient cause shewn and reasonable notice thereof p^oX^tionol
given, to require the parties or either of them, to produce books, fee.in
books or writings in their possession or power, which con- evidence
tain evidence pertinent to the issue; and it shall be the
duty of the defendant or defendants, in all cases where he,
she or they intend to prove, on the trial, any accounts or
demands against the plaintiff or plaintiffs, to file with his
plea a bill of the particular items of such accounts or de-
mands, and no other accounts or demands shall be suffered
to be proved to the jury.

Sec 11. On tlie appearance of the defendant or de-
fendants, the court may allow such time to plead, as may On appearanoe
he deemed reasonable and necessary, and for want of ap- tXJHo °afeld
pearance, may give judgment by default on calling the
cause, except incases where the process has not been ^uj?§ment ^
served or declaration filed, ten days before the term of
the court, but all the causes shall be tried, or otherwise
disposed of in the order they are placed on the docket,
unless the court, for good and sutficent cause, shall other-
wise direct. And whenever either party shall apply for continuances
the continuance of a cause on account of the absence of when allowed
testimony, the motion shall be grounded on the affidavit
of the party so applying, or his, her or their authorized
agent, shewing that due diligence has been used to obtain
such testimony, or the want of time to obtain it; and also
the name and residence of the witness or witnesses, and
what particular fact or facts the party expects to prove
by such witness or witnesses; and should the court be
satisfied that such evidence would not be material on the
trial of the cause, or if the opposite party will admit the
fact or facts stated in the affidavit, the cause shall not be>
continued.

SM PRACTICE.

Sec. 12. The defendant may plead as many matters of
I^Ttev^ l ^act m severa* pleas as he may deem necessary for his de-
pi' *s or th'ed fence, or may plead the general issue, and give notice in
general issue, writing under the same, of the special matters intended
nlatS'r in evi-' *° ^e relied on for a defence on the trial, under which no*
dence tice, if adjudged by the court to be sufficiently clear and

explicit, the defendant shall be permitted to give evidence
of the facts therein stated, as if the same had been spe-
cially pleaded and issue taken thereon; but no persons
shall be permitted to deny, on trial, the execution of any
instrument in writing, whether sealed or not, upon which
any action may have been brought, or wuicn shall be
"D.ff'tnotto pleaded or set up by way of defence, or setoff, unless the
denj theexe- person so denying the same, shall, if defendant, verify his
nation o* any pjea by affidavit: and if plaintiff, shall file his or her affi-

wriUiig unless ', ., j .a . r c i • r> • i j-

on oath davit denying tne execution ot such instrument: Provided)

if the party making such denial be prosecuting, or sued
as executor or administrator, it shall be sufficient to state
in such affidavit the belief of the party making the same,
according to his or her best knowledge, that such instru-
ment was not executed by the testator or intestate.

bEC. 13. Whenever judgment shall be given against

When damages the defendant or defei dants by default, in any action

^dV^thTtTk brought on a!,V instrument of writing for the payment of
money only, the court may direct the clerk to assess the
damages, by computing the interest and report the same
to the court, upon which final judgment shall be given.;

"Whenb-a'ury an<^ *n a^ ot'ler ft<?ti'oiffl when judgment shall go by de-
fault, the plaintiff may have his damages assessed by the
jury in court.

Sec. 14. The court may, in its discretion, before final
judgment, set aside any default, upon good and sufficient
cause, upon affidavit, upon such terms and conditions as
shall be deemed reasonable.

Sec. 16. All affidavits read in court, during the pro-

Affiiavhs to be gregg of any ^^ Q|id relating thereto, shall be filed and

preserved by the clerk.

Sec 16. In actions brought on penal bonds, condition-

Pl'ff may as- ed for the performance of covenants, the plaintiff may as-

sign actons on jg|l jn |^|g declaration as manv breaches as he may think fit,

and breaches and the jury, whether on trial of the issue or ot inquiry shall

assess the damages for so many breaches as the plaintiff

shall prove, and the judgment for the penalty shall stand

as a security for such other breaches as may afterwards

happen and the plaintiff, may, at any time afterwards,

sue out a writ of inquiry, to assess damages for the breach

of any covenant or covenants contained in such bond,

subsequent to the former trial or inquiry; and whenever

PRACTICE. &$

execution shall be issued on such judgment, the clerfe
shall endorse thereon the amount of the damages assessed
b) the jury, with the costs of suit, and the sheriff or coroner
shall only collect the amount so endorsed: Provided^ that
in all cases, where a writ of inquiry of damages shall he
issued for any such breaches, subsequent to the first trial
or inquiry, the defendant, or his agent or attorney, shall
have at least ten days notice, in writing, of the time of
executing the same.

Sec. 17. The defendant or defendants in any action
brougiit upon an) contractor agreement either express or ptead
implied, having claims or demands against the plaintiff or
plaintiffs in such action, may plead the same or give no-
tice thereof under the general issue, as is provided in the
twelfth section of this act; or under the plea of payment;
and the same or such part thereof, as the defendant or
defendants shall prove on trial, shall be set off and allow-
ed against the plaintiff's demand, and a verdict shall be
given for the balance due, and if it shall appear that the
plaintiff be indebted to the defendant, the jury shall find ^^ ,
a verdict for the defendant or defendants, and certify to may'gotordefi
the court the amount so found; and the court shall give
judgment in favor of such defendant or defendants tor the
amount so certified, with the costs of his defence and ex-
ecution shall be issued on such judgment as in other,
cases.

Sec. 1 . In all civil actions, each party shall be entitled chaHenK3
to a challenge of three jurors, without shewing cause for
such challenge; and when the jury retire to consider of
their verdict, they shall be permitted to take any papers
that may have been used as evidence on the trial. And
no plaintiff shall suffer a nonsuit on the trial, unless he
do so before the jury retire from the bar.

6ec. 19. If during the progress of anv trial in any ci-
vil cause, either party shall allege an exception to the gjgSjJjj
opinion of tne court, and reduce the same to writing, it the court
shall be the duty of the judge to allow the said exception,
and to sign and seal the same; and the said exception
shall thereupon become a part of the record of such
cause.

Sec. 20. It shall be sufficient for the jury to pronounce
their verdict, by their foreman, in open court, without re- Verdict
during the same to writing, and the clerk shall enter the
same in form, under the direction of the court; and il either
party may wisli to except to the verdict, or for other
causes to move for a new trial, or in arrest of judgment, New trial

shall, before final judgment be entered, give, by him-
self or couftsel, to the opposite parly, or his counsel, tbe

316 PRACTICE.

points in writing, particularly specifying the grounds of
such motion, and shall also furnish the judge with a copy
of the same, and final judgment shall thereupon be stay-
ed, until such motion can be heard by the court. But no
more than two new trials shall he granted to the same
party, in the same cause; nor shall any verdict or judg-
ment, be set aside for irregularity only, unless cause be
shewn for the same, during the sittu g of the court at the
term such judgment or verdict shall be give n.
_ Sec. 21. Whenever an entire verdict shall be given on

duSfnotb^'sa severa* counts, the same shall not be set aside, or rever-
aside sed, if any one or more of the counts be good.

Sec. 22. In cases of attachment against absent or ab-
Xn <^se of at- sconding debtors, the attaching creditor or creditors shall
larauooto be "" 00 tne return of the attachment, or at the term of the
filed court where the same is made returnable, file a declara-

tion with a copy of the instrument or account, on which
the attachment was issued as in other cases; after which
the cause shall proceed as in other cases; and if no de-
claration shall be filed, the defendant, on entering his ap-
pearance, shall have a judgment against the attaching
creditor for costs.

Sec 23. Any person, for a debt bona fide due, may
Judgment by confess judgment, by himself or attorney duly authorized,
confession without process; and every confession of judgment,

whether with or without process, shall operate as a release
of all errors in the entering up of the judgment, or ma-
king record thereof; and in no cases except when the title
Complete rec- ^ ^ fj ^jj come in question, shall it be necessary for
the clerk to make a complete record, unless specially re-
quested by one of the parties, who shall pay the costs of
the complete record.

Sec 24. Where judgment shall be arrested for any
When arrested defect in the record or proceedings after the first process,
the plaintiff shall not be compelled to commence his ac-
tion anew; but the court shall order new pleadings to
commence with the error that caused the arrest.

Sec. 25. The clerks of the several circuit courts shall
Clerks to keep fceep a fee book, in which shall be clearly and distinctly
set down in items under the proper title, the costs of each
suit, including the sheriff's and witnesses, as well as the
clerk's fee*, noting distinctly what fees have accrued on
the part of each party; which fee book shall be a public
record; and whenever any suit shall be determined, and
final judgment entered, the costs and charges of each par-
ty litigant shall be made un, and the costs of the prevail-
ing party shall be included in tbo judgment, and the clerk
shall always send out a bill of such costs, with the execu-

PRACTICE, 317

uon; and the costs of the party failing in the suit shall be
collected by ice bill, in tlie manner prescribed by law.

Sec. i6. If any clerk shall is&ue a fee bill, or a bill of
costs with the execution, without first entering the same Fee bill to be
in nib lee book, or if any =uch bill ot costs or fee bill shall e
be so issued which shall not i»e in substance a copy of the
recorded bill, the same shall be void: and any person hav-
ing paid such bill oi costs or fee bill, may recover from
the cierk tne amount thereof, with costs of suit, in any
court having cognizance thereof: and in every biii of
costs to he made and recorded as aforesaid, the names of
the witnesses shall be staled, with the number of days
each attended at every term.

Sec. 27. It shall not be necessary to insert in the judg-
ment other than the docket book, the costs of the prevail* ce
ing party, except in cases where a complete record shall
be required; buttliefee book of the clerk shall be taken and
deemed a part oi the record; suuject, however, at all
times, to he corrected by the court.

Sec. 28. If the verdict in any action of ejectment shall
be given for tne plaintiff", it shall and may be lawful for
the same jury to assess damages for the plaintiff for mesne
profits; and when the plaintiff shall recover judgment by
delauit, lie may have a writ of inquiry of damages for
sucn mesne profits as in other cases; and the court shall
award execution, not only for possession, but for such
dauuiges and costs of suit.

Sec. 2d. The clerks of the several circuit courts shall taderaeat
provide and keep in their respective offices, a well hound
book for entering therein an alphabetical docket of all
judgments and decrees rendered in their respective courts;
and it snail be tne duty of said clerks, during every term
or within thirty days thereafter, to enter in such docket
all final judgments and decrees rendered at such term in
alphabetical order, by the name of the person against
wiiom the judgment or decree was entered, which shall
contain in columns ruled for that purpose, the names of
the parties, tne date, the nature of tne judgment or de-
cree, tlie amount of the debt, damages and costs, the book
and page in which it is entered, and leaving a blank col-
umn or columns for entering a note or memorandum of the
satisfaction or other disposition thereof: and when any
judgment oi decree shall be satisfied by execution or oth-
erwise, or shall be set aside, the said clerk shall enter a
memorandum thereof in the column left for that purpose,
shewing how disposed of, and the date, book and pa^e
Where the evidence thereof is recorded; and such dork- J^5LfoT,|flt
ets may be searched by perso*:*. Rt all reasonable times.

316

PRACTICE.

Sheriff not ve
turning execi

igainst

without fee: and every clerk who shall fail to keep suck
docket, or to enter therein any judgment or decree as
aforesaid, shall forfeit and pay a sum not exceeding one
hundred dollars, nor less than twenty-five dollars, and costs
of suit; the one half to the use of the county where such
court is held, and the other half to the use of any person
who will sue for the same; to be recovered by action of
debt in the circuit court.

Sec. 30. Whenever anv sheriff or coroner, shall neg-
lect or refuse to make return of any execution, to him di-
we/mone!)08 rected and delivered, where the same shall be made re^
ho vs proceeded turnable, or shall refuse or neglect to pay over any moneys
collected on such execution, the party suing out such exe-
cution on giving to said sheriff or coroner ten day's notice
in writing, of his, her or their intention, may apply to the.
next circuit court for relief; and it shall be the duty of such
court on proof, by affidavit of the delivery of such execu-
tion, if the same be not returned ; or on proof that such
money has been collected and not paid over, to grant an
order against such sheriff or coroner, requiring him to
make immediate return of such execution; or if the
amount or any part thereof has been collected, to pay over
the same immediately with twenty per cent thereon from
the time of collection till paid; and on failure of such
sheriff or coroner to comply with such order on demand,
and being served with a copy of the order, he shall be
judged to be in contempt, and punished accordingly; or
the plaintiff in such execution may have judgment for
the money with twenty per cent, thereon so collected, and
have execution as in other cases.

Sec. 31. The clerk shall enter in a book to be kept by
him for the purpose, the return of the sheriff or coroner
of all executions within thirty days after the same shall be
returned, under the penalty imposed by the twenty-ninth
section of this act.

Sec. 32. Appeals from the circuit courts to the supreme
court shall be allowed in all cases where thejudgment or de-
cree, appealed from, be final, and shall amount exclusive of
costs.to the sum of twenty dollars, or relate to a franchise or
freehold : Provided, such appeals be prayed for at the time of
rendering the judgment or decree, and provided the party
praying for such appeal, shall by himself or agent or attor-
ney give bond with sufficient security, to be approved of
by the circuit court, and filed in the office of the clerk of
the circuit court, within the* time limited by the court;
which bond shall he. in a reasonable sum, sufficient to cov-
er the amount of the, judgment appealed from, and all costs,
and conditioned (o? the payment of the judgments, costs.

Appeals from
the circuit to
the supreme

court

PRACTICE. 3^

interest and damages, in case the judgment shall be affirm*
ed, and also for the due prosecution of said appeal, and
the obligee in such bond may, at any time, on a breach of
the conditions thereof, have and maintain an action at law
as on other bonds.

Sec. 33. The appellant shall lodge in the office of the
slerk of the supreme court an authenticated copy of the
record of the judgment or decree appealed from, by or
before the third day of the next succeeding term of said
supreme court, provided that if there be not thirty days be-
tween the time of making the appeal, and the sitting of
the supreme court, then the record shall be lodged as afore-
said, at or before the third day of the next succeeding
term of said supreme court, otherwise the said appeal
shall be dismissed unless further time to file the same shall
have been granted by the supreme court upon good cause
shewn.

Sec. 34. In all cases of appeals and writs of error the
supreme court may give final judgment, and issue execu-
tion or remand the cause to the circuit court, in order
that an execution may be there issued or that other pro-
ceedings may be had thereon.

Sec 35. No writ of error shall operate as a superse-
deas, unless the supreme court or some justice thereof in
vacation, after inspecting a copy of the record, shall order
the same to be made a supersedeas, nor until the party
procuring such writ shall file a bond in the manner, and
with the condition required in cases of appeals: when the
clerk issuing such writ shall endorse thereon, that it shall
be a supersedeas, and operate accordingly; and the par>
ties in writs of error shall be subject to the same judgment,
and mode of execution, as is provided in case of appeals.
Sec. 36. Whenever the supreme court shall be equally
divided in opinion on hearing an appeal or writ of error,
the judgment of the court below shall stand affirmed.

Sec 37. The circuit courts in charging the jury, shall
only instruct as to the law of the case.

Sec 38. All acts and parts of acts commg within the AeUfepenied
spirit and meaning of this act, are hereby repealed; but
no rights acquired shall be affected by this act. This
^ct to take effect on the first day of Jirie next.

[Approved, Jan. 29, 1627.]

320 PRACTICE.

lSj?r6e Feb' 2 AJV ACT concerning Practice.

Sec. 1. Be it enacted by the People oftlie State of Illinois
represented in the General Assembly, That any instrument of
wiitiug, to which the maker shall aftix a scrawl by way of
seal, shall be of the same effect and obligation, to all in-
tents, as if the same were sealed.

Sec. 2. The supreme court in case of a partial rever-
sal, shall give such judgment or decrees, as the inferior
court ought to have given; or remand the cause to the ill-
ferior court for further proceedings, as the case may re-
quire.

Sec 3. A negro, mulatto, or Indian, shall not be a wit-
ness in any court, or in any case, against a white person.

A person having one fourth part negro blood shall be ad-
judged a mulatto.

[Approved, Feb. 2, 1827.]

PROMISSORY NOTES, BONDS, AND DUE
BILLS, &c.

AX ACT relative to Promissory Notes, Bonds, Due Bills,
^nforee uy , ^ ^^ instruments in writing, and making them assigna-
ble.

Sec. 1. Be if enacted by the People of the State of Illinois,
represented in the General Assembly, That all promissory-
notes, bonds, due bills, and other instruments in writingf
made or to be made, by any person or persona, body poli-

~L>. . tic or corporate, whereby such person or persons promise,

obligation to * • c r ,. r, c i

pay or agree to pay any sum A money or articles ot personal

property, or any sum of money, in personal property, or
acknowledge any sum of money or article of personal
property, to be due to any other person or persons, shall
be taken to be due and payable, and the sum of money or
article of personal property therein mentioned, shall by
virtue thereof be due and payable to the person or persons
to whom the said note, bond, bill, or other instrument in
writing is made. And any such note, bond, bill, or other
instrument in writing made payable to any person or per-
sons, shall be assignable by endorsement thereon, under
the hand or hands of such person or persons, and of his,
ber or their assignee or assignees in the same manner as
bills of exchange are, so as absolutely to transfer and vest
the property thereoftn each and every assignee or assignees,
successively. Aud any assignee or assigness to whom

PROMISSORY NOTES, BONDS, AND DUE 321

BILLS, &c.

such sum of money or personal properly is by such en- Notes. &c. may
dorsement or endorsements made payable, or in case
of the death of such assignee or assignees,his her,or their ex-
ecutors or administrators may in his, her, or their own
name or names, institute and maintain the same kind of
action for the recovery thereof against the person or per-
sons who made and executed any such note, bond, bill, or
other instrument in writing, or against his, her, or their
heirs, executors or administrators, as might have been
maintained against him, her or them, by the obligee, or
payee, in case the same had not been assigned; and in ev-
en such action in which judgment shall be given for the
plaintiff or plaintiff*, he, she, or they shall recover his, her, Notice of as-
or their damages and costs of suit, as in other cases: Pro- S|gnment
•sided, that the maker shall never be allowed to allege pay-
ment to the payee, made after notice of such assignment
as a defence against such assignee or assignees.

Sec. 2. Every assignor or assignors, or his, her or their . .. , ._

.. J ,a. . b r , ,, Assignors liabil

heirs, executors or administrators or every such note, bond, ity where due

bill or other instrument in writing, shall be liable to the diligence is
action of the assignee or assignees thereof, or his, her, or us"
their executors or administrators, if such assignee or as-
signees shall have used due diligence by the institution
and prosecution of a suit against the maker or makers of
such assigned note, bond, bill other instrument of writing,
or against his, her, or their heirs, executors or administra-
tors, for the recovery of the money or property due there-
on, or damages in lieu thereof: Provided, that if the in-
stitution of such suit would have been unavailing, or that
the maker or makers, had absconded, or left the stale,
when such assigned note, bond, bill, or other instrument in
writing became due, such assignee or assignees, or his or
her executors or administrators may recover against the
assignor or assignors, or against his or their heirs, execu-
tors or administrators, as if due diligence by suit had been
used.

Sec. 3. If any such note, bond, bill or other instrument
in writing, shall be endorsed after the day on which the Eff ct ofr?_
money or property therein mentioned, becomes due and *gDment after
payable, and the endorsee shall institute an action thereon »;(,te becomes
against the maker and signer of the same, the defendant
being maker and signer, shall be allowed to set up the
same defence that he might have done, had the said action
been instituted in the name and for the use of the person
or persons to whom the said note, bond, bill or other in*
Itrument in writing, was originally made due and payable.

Sec. 4. If any such note, bond, bill, or other instru-
41

522

Effect of assrgn
ment before
note becomes
due

Consideration

Provisc

Frtud pleaded
in bar

Obligations for
pt';sonal prop-
erty

PROMISSORY NOTES, BONDS, AND DUE
BILLS, &c.

ment of writing, shall be endorsed before the day the mo-
ney or property therein mentioned, becomes due and pay-
able; and the endorsee shall institute an action thereon5
the defendant may give in evidence at the trial any mo-
ney or property actually paid on the said note, bond, bill,
or instrument in writing, before the said note, hond, bill, or
other instrument in writing, was endorsed or assigned to
the plaintiff, on proving that the plaintiff had sufficient
notice of the said payment, before he or she accepted or
received such endorsement.

Sec. 5. la any action commenced, or which may here-
after be commenced in any court of law in this state, upon
any note, bond, bill, or other instrument in writing, for the
payment of money or property, or the performance of cov-
enants or conditions by the obligee or' payee thereof, if
such note, bond, bill, or instrument in writing, was made or
entered into without a good or valuable consideration; or
if the consideration upon which such note, bond, bill or
instrument in writing, was made or entered into, has wholly
or if j part failed,it shall be lawful for the defendant or defen-
dants against whom such action shall have been commenc-
ed by such obligee or payee, to plead such want of con-
sideration, or that the consideration has wholly, or in part
faiied; and if it shall appear that any such note, bond,
bill, or instrument of writing, was made or entered into
Without a good or valuable consideration, or that the con-
sideration has wholly failed, the verdict shall he for the
defendant; and if it shall appear that the consideration
has failed in part, the plaintiff shall recover according to
the equity of the case: Provider!, that nothing in this sec-
tion contained shall be construed to affect or impair the
right of any bona fide assignee or assignees, of any instru-
ment made assignable by this act, where such assignment
was made h« fore such instrument became due.

Sec 6. If any fraud or circumvention be used in ob-
taining the making or executing of any of the instruments
aforesaid, such fraud or circumvention may be pleaded in
bar to any action to be brought on any such instrument so
obtained, whether such action be brought by the party
committing such fraud or circumvention, or any assignee
or assignees of such instrument.

Sec 7. In all cases where any of the before mentioned
instruments of writing are for the payment or delivery of
personal property, other [than] money, and no particular
place be specified in such instruments of writing for the
payment or delivery thereof, iffehall be lawful for the ma-
ker oi any such instrument of writing, to tender or cause to

PROMISSORY NOTE??, BONDS, AND DUE
BILLS, &c.

be tendered on the day mentioned in any such instrument,
the personal property therein mentioned, at the place where
the obligee or payee of any such instrument, resided at
the time of the execution thereof: Provided however, if such Proviso
personal property be too ponderous to be easily moved, or
if the obligee or payee of such instrument had not at the
time of the execution of such instrument of writing, a
known place of residence in the county where the maker
or makers resided; then it shall be lawful to tender such Tender
personal property at the place where the maker or makersof
such instrument resided, at the time of the execution there-
of. Any tender made in pursuance of this section shall
be equally valid and legal, in case any such instrument of
writing shall have been assigned in pursuance of the first
section of this act, as if no such assignment had been made.

Sec 8. A legal tender of any such personal property,
shall discharge the maker of any such instrument, from Effect of
all liability thereon: and the property thus tendered, is
hereby declared to be vested in, and belong to the legal
holder and owner of any such instrument of writing, and
he may maintain an action for the recovery thereof, or for
damages, if the possession be subsequently illegally with-
held from him: Provided however, if any such property so Proviso
tendered, shall be of a perishable nature, or shall require
feeding or other sustentation; and the person owning and
holding such instrument of writing be absent at the time
of tendering the same, it shall be lawful for every person
making such tender, to preserve, feed, or otherwise take
care of the same, and he shall have a lien on such ten-
dered property for his reasonable trouble and the expense
of feeding or sustaining such property, until payment be
made for such trouble and expense.

Sec. 9. The act entitled "An act making promissory
notes, bonds, bills and writings obligatory negotiable," ap- Acts rePea!e3
proved February 6th, 1819; and the act entitled "An act
to regulate the practice in certain cases," approved Feb-
ruary c24th, 1321, shall be, and the same are hereby re-
pealed: Provided, that the repeal thereof shall not affect
any rights or defences acquired under said acts. This
act to take effect from and after the first day of July
next.

[Approved, Jan. 3d, 1327.]

324

PUBLIC PROPERTY,

In force Feb.
15, 1827

AN ACT to provide for the preservation of the property of
the State.

Furniture how
preserved

Papen how re-
turned

Sec'y of state
to make cer-
tain contracts

To employ a
person to take
care of state

Sec. 1 . Be it enacted by the People of the State of Illinois^
represented in the General Assembly ^ That at the close of
every session of the general assembly, the secretary of
state shall cause all the tables, chairs, desks, and other
furniture of the two houses of the general assembly, to
be placed in the small room adjoining the senate cham-
ber, and securely locked therein; ar.d he shall not permit
any part of said furniture to be used during the recess of
the general assembly, for any purpose whatever.

Sec. 2. The secretary of the senate, and clerk of the
house of representatives, at the close of each session of
the general assembly, shall deliver to the secretary of
state, all books, bills, documents and papers, in the posses-
sion of either branch of the general assembly, correctly
labelled, folded and classed, according to the subject mat-
ter of such documents respectively; and the secretary
of state is hereby required to file the same in his office.

Sec 3. The secretary of state is hereby authorized
and empowered, to contract with some person, on the best
terms he can, to procure conductors, and to have such
repairs made to the eaves and gable ends of the state
house, as will be necessary to preserve it from injury; and
make such alterations in the chimneys, as may be neces-
sary to prevent their srnoaking; a statement of the ex-
penses for which, he shall lay before the governor, who,
if the amount be reasonable, shall allow the same; and
the auditor shall issue his warrant on the treasury accor-
dingly. And as often as the windows and doors of said
house shall need repairs, or the furniture thereof to be re-
plenished or repaired, the said secretary shall have the
same done, which shall be allowed and paid for as above,
and he shall permit the firewood which may remain on
hand, at the end of the general assembly, to be used for
the public offices.

Sec 4. The secretary of state is authorized to employ
a fit person to take charge of the state house, who shall
permit the senate chamber or representatives' hall to be
used by the district court of the United States, by the su-
preme, circuit, and county commissioners' courts, by the
auditor of public accounts for the sale of lands for taxes,
and by the people of Vandnlia for public meetings. The
person so employed shall receive a compensation for his
services, not exceeding twenty-five state paper dollars per
annum, payable quarterly.

Sec n. All acts and parts of acts, coming within the

REVENUE. 32*

purview of this act, are hereby repealed. This act to Act repealed
take effect from its passage.

[Approved, Feb. 15,1827.]

Lands taxable

REVENUE.

AN ACT to provide for raisins a Revenue. In force Mareb

1, 1827

Sec. 1 . Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all lands claimed
by individuals or bodies politic or corporate, whether by
deed, entry, ooad for conveyance, pate i ft, grant, or other-
wise; except town lots, lands belonging to the United
States or this state, and such other lands as are exempted
from taxation, by virtue of the compact between the
United btates and tins state; are hereby declared subject
to taxation; and, for that purpose, are hereby divided in-
to classes, valued and taxed as follows: L;;ndsof tne first Classes
quality shall compose tbe hist class, shall be valued at
four dollar?, and taxed at the rate of two cents per acre:
Lands of the second quality, shall compose the second
class, snail be valued at tbe rate of three dollars, and
taxed at the rate of one and a half cents per acre: Lands
of the third quality shall compose the third class, shall be
valued at two dollars, and taxed at the rate of oue cent
per acre.

Sec. 2. All non-residents, owning or claiming lands in
this state, shall, either by themselves or agents, enter the Nonresident
same in the ottice of the auditor of public accounts, par- •°!lU5l «nds

lit -i • ,i i i i j i i " r in Aua. otr.ee'

ticularly describing the land, and the class to which each
tract belongs, accompanied with an affidavit of such non-
resident, or his agent, stating that such list contains a true
classification and description of the property therein de-
scribed, to the best of the deponent's knowledge and be-
lief. Such non-resident shall not be required to list his
lands more than once; but the auditor shall annually
charge the lands, described in such list, with tax according
to the description contained in the same, until it shall be
listed in a different manner Every non-resident shall pay
into the state treasury, on or before the first day of Au-
gust, annually, the tax imposed upon his land by this act.
Sec. 3. The auditor of public account-, shall, as soon
as practicable, after the first day of August, annually, Auditor to
make out a transcript from his books of all lands owned by scripts
non-residents, on which any taxes shall be due and unpaid
adding the interest and costs of advertising, and costs of

326

REVENUE.

And advertise
where ux re-
mains unpaid

Sale provided
for

Deed to pur-
chaser

sale, to the same; stating the year for which taxes are
due, and the amount of taxes, interest and costs, and pre-
fixing the name of the patentee to the description of each
tract described in such transcript; and snail cause the
same to be published three weeks successively, in the pa-
per printed at the seat of government, or in some other
paper printed in this state; the last of which publications
shall he at least two months before the day of sale. The
auditor shall add to such transcript or list, a notice of the
time a.id place of sale. The printer who shall publish
said transcript and notice, shall be entitled to receive, out
of the state treasury, on the warrant of the auditor, ten
cents for each tract described in such advertisements; pay-
able in the same kind of funds which are receivable is
payment of taxes. The auditor shall charge ten cents on
each tract of land, as the costs of sale, and shall draw
from the treasury the said sum of ten cents for each tract
sold by him to individuals for taxes.

Sec. 4. On the first Monday in January, annually, the
auditor shall proceed to sell, at the door of the state house,
or at some other public place in the town of Vandalia, all
the lands advertised as aforesaid, on which the taxes, in-
terest and costs shall remain unpaid, or so much of each
tract as will bring the amount of taxes and costs due.
The sale shall be continued from day to day, until the same
shall be completed* If any tract when exposed to sale,
will not sell for the amount of the taxes, interest and
costs due thereon, the state shall be considered the
purchaser of the same. The auditor shall certify to the
treasurer the amount of all sales, except where the state
becomes the purchaser; and upon receiving the purchase
money, the treasurer shall give the purchaser, or his agent,
a receipt for the same; and on presenting such receipt to
the auditor, the purchaser shall be entitled to receive, at
his option, either a certificate of such purchase, or a deed
in the following form, to wit: "The auditor of public ac-
counts of the state of Illinois, to all who shall see these
presents, Greeting: Know ye, that whereas I did on the
day of at the town of Vandalia, in con-

formity with all the requisitions of the several acts in
such cases made and provided, expose to public sale, a
certain tract of land, being (here insert the description of it)
for the sum of being the amount of tax for the year

of (or the years of, as the case may be) wi h the interest,
(if any) and costs, chargeable on said tract of land: and
whereas at the time and place aforesaid, offered

to pay the aforesaid sum of money for (the whole tract or
part thereof, as the case may be) which was the least

REVENUE. 3f7

Quantity bid for; and the said has paid the sum of

into tne treasury of the state: I havi granted, bar-
gained, and sold, and by these presents, as auditor of the
State aforesaid, do grant, bargain, and sell, (here describe
the tract purchased) to the said (or his assignee)

his neirs and assigns, to have and to hold the said trait of
land, to the said and his heirs forever: subject,

however, to all the rights of redemption provided tor by
law. In testimony ot which, the said auditor has hereun-
to subscribed ins name, and aliixed his seal, this day
of Auditor, (seal.)"

Which deed, executed as aforesaid, shall vest a perfect
title in the purchaser, unless the land shall be redeemed
according to law, or the former owner shall shew that the
taxes for wnich it was sold had heeu actually paid as re-
quired by law, or that tne land was not legally subject to
taxation.

Sec 5. Any lands which shall be sold by the auditor
for the taxes and costs thereon, may be redeemed at any Pl,ovisIo.n^ &*
time within two years from the day on which the same lc
were sold, by paying into the state treasury (upon the au-
ditor's certificate, as in other cases) double the amount of
the taxes, interest, and costs, for which they were sold.
Lands belonging at the time of sale, wholly or in part to
heirs under lawful age, may be redeemed at any time be-
fore the expiration of one year, from the time when the
youngest of said heirs becomes of full age: But no person
shall be permitted to redeem any lands sold for taxes, un-
less he shall, at the same time, pay into the treasury, all
taxes which may have become due subsequently to such
sale, together with interest thereon, at the rate of six per
cent, per annum, from the time they became due. When-
ever any person or persons, after the expiration of two eehtiveto mi.
years from the time when any tract of land was sold for n n- lit-irs & th«
the taxes thereon, shall apply to the auditor to redeem hlirlhirT °f
such land, under the provisions of this act, relative to
lands owned by minor heirs, it shall be incumbent on the
person or persons so applying, to produce to the auditor,
a certificate from the judge, clerk, or other proper offi-
cer of the proper court having jurisdiction of wills and
testaments, and intestate estates, that it appears from the
records of said court, that such person or persons are the le-
gal heir or heirs of the former owner of said tract of land;
and that said former owner died before the day on which
said land was sold for taxes; and also certifying the real
age of the youngest of said heirs. In cases where there
has been no will, nor any settlement of intestate estate,
before the court to wnich such jurisdiction appertains,

328 REVENUE.

such heir or heirs shall go before some court of record,
and exhibit proof of his, her or their heirship, minority,
and present age; and on producing the certificate of the
clerk of such court, to the above facts, such heir or heirs
shall be entitled to the same rights of redemption as above
provided. Such certificate shall bear the signature of the
clerk of the court, the genuineness of whose authentica-
tion shall be certified by the judge, and the official char-
acter of such judge shall be certified by the secretary of
the state in winch such proof shall be exhibited, with the
seal of said state affixed to such certificate. Whenever
any heir shall redeem any land as aforesaid, the written
evidence on which his right to redeem the same is founded,
shall be delivered to the auditor, and by him filed in his
office.

Sec. 6. The auditor is hereby empowered, from time

maTte obtain- to tlQ,e' to contract f°r ana< obtain from the several land
ed offices, at which lands lying within this state are sold, ab-

stracts containing a description of lands entered in such
land offices, the date of entry, and the names of patentees?
together with the maps of such parts di the several land
districts, as lie within this state, in all cases where such
maps have not been already procured by him. He is al-
so authorized to obtain as aforesaid, as often as it shall be
necessary, abstracts of all lands relinquished to the United
Stales.

Sec. 7. As soon as practicable after the passage of this
act, the auditor shall cause maps to be made of the several
•o tf-'made for coun^es ln which taxable lands are contained, on a scale
couotiesi of one inch to the mile, designating thereon by appropri-

ate characters, the lands reserved for seminary, school, sa-
line, and other public purposes, the lands which have been
divided into town lots, the lands which have been pur-
chased of the United States, and those which have been
relinquished. He shall also cause to be made, for each
of the counties aforesaid, a well bound book containing a
description of every tract of land within such county, with
the date of its purchase from the United States, leaving
sufficient space between the lines to insert the description
of a subdivision of any tract. To the description of
each tract shall be prefixed the name of the patentee, and
of the present owner where the same is known. The
tracts shall be arranged according to situation, beginning
with the lowest number of range, township, and section.
The lands which belong to residents of the county, shall
be designated by the word Resident, those belonging to
persons residing in other counties of this state, by the
words resident of county (naming the county in which

iind how made

REVENUE. 329

the owner resides;) those belonging to persons not re-
siding within this stale, by the letters jY. R. those re-
served for the use of schools, by the letters S. L. those
reserved for the use of a seminary of learning, by the
word Seminary; those reserved for saline purposes by the
word Saline; and those which have been divided into
town lots, by the name of the Town. But no land shall, be
considered as having been divided into town lots, until a
plat of the town shall have been recorded as required by
law.

Sec. 8. On or before the first day of April next, or as
soon as practicable thereafter, the auditor shall cause to J^bSdiwJS
be delivered to the clerk of the commissioners' courts of to C.C. clerk
each of the several counties, containing taxable lands, a
map and book, made and compiled according to the pro-
visions of the preceding section of this act. The said
clerk shall keep said map and book in his office, subject
to the inspection of any person who may wish to examine
the same, and shall, from time to time, correct such inac-
curacies, and supply such defects, as may come to his
knowledge.

Sec. 9. At their March term, annually, or as soon there- provisionfor
after as may be, the county commissioners' courts of the appointing
several counties in this state, shall appoint some fit *°UDty treasup-
person to act as county treasurer, who shall, before he
enters upon the duties of his office, take and subscribe the
following oath, to wit: "I A. B. treasurer of the county of Hiaoath

in the state of Illinois, do solemnly swear (or af-
firm) that I will faithfully, impartially, and to the best of
my skill and judgment, perform the duties required of me
by law, as treasurer of said county of A. B.

Sworn to and subscribed before me this day of
18 before me C. D. Justice of the peace for
county.

Sec. 10. Said county treasurer, before he enters upon
the duties of his office, shall also execute a bond, in such
penalty and with such security as the county commission-
ers shall deem sufficient; which bond shall be in the fol-
lowing form, to wit: "Know all men by these presents,
that we, A. B. principal, and C. D. and E. F. securities, Form of bond
all of the county of and state of Illinois, are held

and (irmly bound, to the people of the state of Illinois, in
the penal sum of dollars, for the payment of which

well and truly to be made we bind ourselves, each of us,
our heirs, executors and administrators, firmly by these
presents; signed with our hands, and sealed with our seals,
dated at the day of 1 C2 . The condi-

tion of the above bond is such, that if the above bound A*

3S0

REVENUE.

Sheriff to de-
liver books, &C
to treasurer

Duty of clerk

"Duty of treas-
urer

How property
ia listed

To aote errors

B. shall perform all the duties required by law to be
performed by him, as treasurer of the said county of
in the time and manner prescribed by law; and when he
shall be succeeded in office shall surrender and deliver
over to his successor in office, all books, papers, and
moneys belonging to said county, and appertaining to hit
said office, then the above bond to be void, otherwise to
remain in full force. A. B. [seal/

Signed, sealed and delivered') C. D. [seal.

in presence of G. H." ) E. F. [seal/

Sec. 11. It shall be the duly of the sheriff* of each
county, as soon as a county treasurer for such county shall
have been appointed and qualified to office, as herein pro-
vided, to deliver over to such county treasurer, all books
and papers properly appertaining to the office of county
treasurer, and to pay over to him all moneys in his hands
belonging to the county, taking the treasurers receipt for
the same.

Sec 12. On or before the tenth day of April, annually,
the clerk of the commissioners* court shall furnish the
county treasurer with a transcript from the book received
by him from the auditor, which transcript shall contain a
list of all the taxable lands in the county, except such as
are known to be owned b> persons residing out of the
county, with the names of the patentees, and of the present
owner, where the same are known.

Sec 13. On or before the tenth day of April, annual-
ly, or as soon thereafter as he shall receive from the clerk
the transcript aforesaid, the county treasurer shall pro-
ceed to take lists of taxable lands, and of all other taxa-
ble property upon which the county commissioners' court
shall have ordered a tax to he levied for the current year.
The county treasurer shall call at the place of residence
of each owner of taxable property, for a list of the same;
and if any such owner shall be absent, he shall list such
person's taxable properly, according to the best informa-
tion he can obtain; which list may be corrected by the
owner, under oath, on application to the count) treasurer,
at any time before he shall have returned the tax list, to
the clerk of the commissioners' court. The county treas-
urer is hereby authorized and required to administer an
oath or affirmation to every person who may give him a
list of his taxable property, touching the quality and de-
scription of his lands, and the quantity and value of his
other taxable property. The county treasurer shall finish
taking lists of taxable property, previous to the first day of
August, annually. He shall note upon the transcript fur-
nished by the clerk, all errors and deficiencies which he

REVENUE.

33.1

may discover in the same, inserting the name of the pres-
ent owner of each tract, where it has not been previous-
ly done; and the clerk of the county commissioners' court
shall, in the presence of the county treasurer, proceed to
make the necessary corrections and alterations in the book
furnished by the Auditor.

Sec. 14. Any resident in this state owning lands, in a Residentgt0
county in which he does not reside,, shall list such lands list lan-is in au-
in the office of the auditor of the state, and pay the taxes ^^SS*
thereon into the state treasury, in the same manner as is
provided in the case of non-residents.

Sec. 15. Whenever in their opinion the revenue arising Power of C.^
to the county from the tax on lands shall be insufficientto i™;™^*
defray the county expenses, the county commissioners'
court shall have power to levy a tax not exceeding one
half per cent, upon the following descriptions of proper-
ty, viz. on town lots, if such lots be not taxed by the trus-
tees of such town, on slaves, and indentured or registered
negro or mulatto servants, on pleasure carriages, on dis-
tilleries, on stock in trade, on all horses, mares, mules, as-
ses, and neat cattle, above three years of age, and on
watches with their appendages, and such other property
as they shall order and direct.

Sec 16. When a tax shall be ordered to be levied
on other property besides lands, the county treasurer
shall make out an abstract of the property so taxed,
which abstract shall be separate from the list of taxable
lands. Said abstract shall as near as circumstances will
permit, be in the following form, to wit:

"List of property taxed by the Commissioners' Court of

County for the year 18 , with the owners'1 names, valua- Form of ab-
tion of said property, and amount of tax thereon:

~3 ?

c .

i. u

8 Si

g.9

5 S

|? 5

O
ft

o
ft

"3
>

■a
>

1 Roe

| 3| $1,50

| l| ■

2 | $300

| $4500.

$800.

OCT

(£T

Horses, metres, &';. \ Wat'.

Total value of property.

I N°j i

i i !

$6,255.

Total and.
of tax.

332

REVENUE.

Sheriff to be
charged with
amount of tax-
es

Manner of col-
lecting taxes

Sheriff to give
special receipt

When settle-
ment to be
made

SheFiff to keep
account of
kinds of money
ree'd.

Which list, or abstract, the county treasurer shall deliver
to the clerk of the commissioners' court, on or before the
first day of August, annually.

Sec. 17. The clerk of the commissioners* court, in each
county, except those on the military tract, shall charge
the sheriff with the amount of tax on all lands lying with-
in the county, owned by residents thereof, and with the
amount of tax on such other property as shall have been
ordered to be taxed by the commissioners' court; and
shall then deliver said lists or abstracts of lands and oth-
er taxable property, to the sheriff who shall proceed to
collect the taxes thereon, by calling upon each owner of
the same, at his or her place of residence. If any owner of
taxable property shall be absent from home, at the time
when the sheriff shall call for the tax, the sheriff shall
leave at such person's residence, a written notice stating
the amount of tax due from him, and notifying him to pay
the same to said sheriff previous to the fifteenth day of
October thereafter. On receiving any taxes, the sheriff
shall give the person paying the same, a written or printed
receipt for the same; and when any tax is paid to him on
land, he shall, in his receipt, describe the same as particu-
larly as it is described in the tax list.

Sec. 18. The sheriff shall settle with the clerk of the
county commissioners' court, on the first Monday in De-
cember, annually; and said clerk shall allow the sheriff a
credit for all taxes which he shall have been unable to
collect by reason of there being no bidder for the proper-
ty when exposed to sale for the taxes, and the amount found
due to the county, the sheriffshall immediately pay into the
county treasury; and for failure to pay the same as afore-
said, the sheriff shall forfeit to the county one per cent,
per week upon the whole amount so remaining unpaid.

Sec. 19. Each sheriff shall keep a regular account or
abstract of all sums received by him in payment of taxes,
describing the amount and kind of funds, in which such
taxes were paid, which abstract shall be as near as cir-
cumstance, will admit, in the following form:

Form

"An account of the moneys and public securities received by A.
B. Sheriff of the courtly of in the payment of taxes,

daring six months, ending the day of 1 G

When,
receired.

whom

lllinoi

paper.

' ir':: |
Warrants. 1 Count//

Cur re id
money.

Total

ain't
rec^d

Nona.

ain't.

In'st I Nom.lln'sti
ali'd J ara't.Jairdl

Sept. 5,

J. J).

| $,5i J $10. i $:4rj $7 ~0

£0 12 j $23 b2

REVENUE. 333

A copy of which abstract, the sheriff shall deliver to
the clerk of the commissioners' court at the time of mak-
ing his settlement with the county; and the clerk shall
keep the same in his office, subject to the inspection of any
persons who may wish to examine the same. The sheriff
shall be required to pay over to the county treasurer, the
taxes belonging to the county, in as good funds as he shall
have received. When the sheriff shall pay over to the
county treasurer any monies, or public securities, receiv-
ed by him for the county, said treasurer shall give the
sheriff a receipt therefor, specifying particularly the
amount of each kind of funds in which such payment was
made.

Sec. 80. The sheriff shall pay into the county treasury
the whole of the tax collected by him on property taxed ^SS£^.
by order of the commissioners' court; and in all counties
except those on the military bounty tract, the sheriff shall
also pay into the county treasury, the whole amount of
the tax collected by him on lands lying within the county.
The sheriffs of the several counties in the military boun-
ty tract, shall pay into the state treasury, on or before the
first day of January annually, all the taxes collected by
by him on lands lying in said counties, deducting seven £*j? «,1rtMr
and a half per cent, as his compensation for collecting the
same; and a similar compensation shall be allowed to all
sheriffs for collecting taxes on real and personal property.

Sec. 21. In lieu of the taxes paid by residents of the
several organized counties, on the military bounty tract, Pi,ov}s;on for
upon lands lying in said counties, the state treasurer shall the counties ia
pay on the warrant of the auditor to the county commis- {^eJa,UtotI
sioners of each of the counties of Pike, Fulton, Peoria,
Calhoun, Adams, and Schuyler, for the use of the county,
the sum of two hundred and seventy-five state paper dol-
lars annually; and any county which may hereafter be or-
ganized upon the military tract, shall, upon its organiza-
tion, be entitled to receive a similar sum, from the state
treasury.

Sec*22. The clerk of the commissioners'' court of each F(lrther c]flt
of the several counties on the military bounty tract, shall 0f clerks
on or before the first day of August annually, transmit to
the auditor, by mail or otherwise, a correct list of all lands
listed for taxation in such county.

Sec. 23. The clerk of the commissioners court of each
of the counties in this state, except those on the military Further duty
tract, shall, on or before the first day of August annually, tfeterto
transmit to the auditor, by mailor otherwise a list of all tax-
able lands in the county", which shall not have been listed
: such county, and which are not known to

tffa

REVENUE.

Provision for
enforcing the
collection of
residents' tax

belong to residents of the same. All taxable lands which
shall not be known to belong to residents of the counties
in which they are situated, shall be charged with tax, ad-
vertised and sold in the same manner as lands belonging to
non-residents.

Sec. 24. If any person, after having been called upon
by the sheriff to pay his tax, shall neglect or refuse to pay
the same for the period of twenty days after such notice,
the sheriff shall proceed to advertise such portion of such
person's taxable property as he shall deem sufficient, on the
court house door, and in three other of the most public
places in the county, giving in snch advertisement fifteen
days' notice of the time and place of sale, and particular,
ly describing the property to be sold ; at the time and place
appointed, unless the taxes and costs shall have been pre-
viously paid, the sheriff shall proceed to sell said property,
or so much of it as will bring the amount of tax and costs.
The land of delinquents residing in the state, shall not be
sold by the sheriff for taxes until all their personal prop-
erty, except such as is exempted by law from execution,
for the payment of debts, shall have been previously sold.
Whenever the sheriff shall sell any tract of land for tax-
es thereon, he shall give the purchaser thereof, a deed, as
near as circustamces will admit, in the form prescribed by
this act for similar deeds executed by the auditor of pub-
lic accounts. If any tract of land, when offered for sale
by the sheriff for the taxes and costs thereon, will not sell
for the amount thereof, the county shall be considered the
purchaser of the same.

Sec 25. All sales of lands for taxes, whether by the
Auditor or Sheriff, the officer selling, shall previous to the
sale, designate in what part of the tract, the part sold shall
be located, and shall give his certificate, or make his deed
accordingly.

Sec 26. The sheriff shall make return to the clerk of
the commissioners1 court of all lands sold by him for taxes,
designating particularly the part sold; and said clerk shall
and clerk upon make a record thereof in his office. The former owner,
»»eof lands ot or any person for him, may redeem any such land within
two years thereafter, by paying into the county treasury,
on the certificate of the clerk of the commissioners' court
double the amount for which it was sold, together with all
subsequent taxes thereon; and said clerk on the presenta-
tion of the county treasurers receipt, shall give to the
person applying, a certificate of the redemption of such
land. The person who purchased snid land, at the tax
sale, or his legal representative, may draw from the coun-
ty treasury on the certificate of the clerk as aforesaid, the

Duty of sheriff

residents

REVENUE. 336

sum so paid in redeeming such land, together with all sub-
sequent taxes, which he may have paid thereon. Heirs
under lawful age, owning any lands sold for taxes by the
sheriff, shall have the same rights to redeem their lands as
are given to such persons in the case of lands sold by the
auditor.

Sec. 27. All lands sold to the state or county, for the taxes
and cost thereon, unless redeemed previously to advertis- How land ma/
ing another sale of lands for taxes, shall be charged with be rcdeemed
the amount for which it was sold, and fifty per cent, ad-
vance thereon, together with all taxes, which would sub-
sequently have accrued to the state or county, if the state
or county had not become the purchaser thereof; and
such land shall be advertised and sold again in the same
manner as if it belonged to individuals. Lands sold to the .^gabroid^
state or county for taxes, may be redeemed, by paying the
sum for which they were sold, and fifty per cent, advance
thereon, together with all taxes which may subsequently
become due.

Sec. 28. The books and records belonging to the office
of the auditor of public accounts, shall be deemed suffi-
cient evidence to prove the sale of any tract of land for
taxes, or the redemption of the same, or the payment of
taxes thereon.

Sec 29. No sheriff or deputy sheriff, during his con-
tinuance in office shall be eligible to the office of county
treasurer, nor shall any county treasurer be permitted to
act as deputy sheriff.

Sec. 30. It shall be the duty of the state treasurer, and inwhatmon^
of the several sheriffs to receive in payment of taxes, notes taxes may b© '
of the bank of the United States, gold and silver coins, pHid
notes of the state bank of Illinois, or either of its branch-
es, auditor's warrants; and the sheriffs shall also receive
county orders at par in payment of any taxes, which are
to be paid into the county treasury. That all warrants is- ^0enn*ral ^J1'
sued by the auditor, under the several laws passed the ranti
present session, shall be received in payment of debts due
the state or state bank of Illinois or its branches.

Sec. 31. It shall be the duty of the auditor of public
accounts, upon the application of any person indebted to Duty of AadU
the state, to specify in a certificate directed to the treas- tof a?d 1'reaa^
urer, the amount of such demand, designating particular- edptof taxe?6""
\y the branch of revenue on which it is due, and if on
land.-, describing distinctly each tract, and the amount due
thereon ; such certificate being presented to the treasurer,
he shall receive the amount due, and give the party du-
plicate receipts for the same, designating particularly as
above, on what account the same has been paid, th^.

336 REVENUE.

amount paid, and, if on lands, describing each tract The
treasurer shall also endorse on one of the said duplicate
receipts the kind, or kinds of funds, in which payment has
been made; one copy of which receipt, so endorsed, shall
be filed in the auditor's office, and the other copy shall be
countersigned by the auditor, and the money receipted
for, shall be credited on the auditor's books, and the re-
ceipt countersigned by the auditor as aforesaid, shall be
delivered to the person making the payment. No pay-
ment shall be considered as having been made until the
treasurer's receipt shall have been deposited in the audi-
tor's office.

Sec. 32. It shall be the duty of the commissioners'

Statement of court of each countv to cause a complete statement in

tobaeCm"derout writing, of the fiscal concerns of the county, to be made

and posted up out at their December term annually: and the clerk of said

court shall keep said statement posted up, in his office for

the period of one month at least, from the end of said

term; and for failing to perform this duty, he shall pay a

Penalty for fine of ten dollars. Each county commissioner who shall

neglect neglect to cause such statement to be made out, shall also

pay a fine often dollars, to be recovered by action of debt,

at the suit of any individual, before any justice of the

peace of the county; one half for the use of the county,

and the other half with costs of suit, for the use of the

person so suing.

Sec b3. If any sheriffshall corruptly receive taxes from any

Liability of person and fail to make a return of the same, or shall re-

thenffs ceive a greater sum than he shall make return of, such

sheriff shall be liable to be indicted, and on conviction,

shall be removed from office.

Sec. 34. When no tax shall be levied by the com-
missioners' court on town lots and personal property, it
shall not be the duty of the county treasurer to go through
the county to receive lists of taxable lands, unless he shall
be required to do so by the commissioners' court, for t'he
purpose of supplying deliciences in the book furnished
by the auditor.

Sec. 35. Whenever a person whose land is listed for tax-
Provision ation, in the auditor's office, shall remove into the county
fcrhere rtsident jn which Buch land is situated, he shall be permitted to
removes ^ay ^ taxes on the same in such county, on giving infor-
mation in writing of such removal, to the auditor of the
state, and to the clerk of the commissioners' court of the
county. If any land listed in the auditor's office shall be-
come the property of any resident of the county in which
the hnd lies, such person shall also be permitted to pay
the taxes on said land in the county on giving information

REVENUE. . 337

as above provided. But until information shall be given
as aforesaid, the auditor shall charge with tax, advertise
and sell said lauds in the same manner as provided in the
case of non-residents. The taxes on land sold by the au-
dicur for the taxes thereon, shall for two years after such
sale, be paid into the state treasury; after which period,
on giving information as aforesaid, the taxes on such lands
may be paid into the treasury of the county in which the
lauds are situated, if the proprietor be a resident of
such county.

Sec. 36. The sheriff shall receive for advertising and
selling any property for taxes, fifteen per cent, on the Seu3raJ-OI1com~
amount of such sales, such compensation to be added to
the sum for which the property is sold.

Sec. 37. The county commissioners' court shall allow Treasurer's
the county treasurer for his services to be performed un- compensation
der this act, such compensation as they shall deem reason- ,

able, not exceeding two dollars per day, for taking lists of
taxable property, and two per cent, upon the moneys paid
out of the county treasury.

Sec 38. The clerk of the commissioners' court shall, Clerk's duty

» |»i iHtlVt? tO

on or before the first Monday in December annually, fur- couruv orders
nish the county treasurer with a certified lisl of all coun-
ty orders issued by said court, during the twelve months, A
immediately preceding that time, specifying the date,
number and amount of each, together with the name of
the person in whose favor such order is drawn; and the
county treasurers shall pay such orders according to their
seniority.

Sec. 39. If any county treasurer shall fail or refuse to Liability of
perform any of the duties required of him by law, he shall treasurer
forfeit a sum not exceeding fifty dollars, nor less than twen-
ty, to be recovered before any justice of the peace, by ac-
tion of debt; one half to the person suing for the same,
and the other half to the use of the county.

• Sec 40. Whenever it shall appear to the satisfaction of
the auditor, that any lands have been sold by him for taxes Lands sold by
through mistake, when the same belonged to the United "'proceed*
States, or were not legally subject to taxation, he shall, if
such lands were sold to individuals, issue his warrant on
the treasury, in favor of the purchasers, or their legal repre-
sentatives, for the amount paid by them for the same; and
if they were sold to the state, be shall cancel such sale ; and
suchjands shall be considered in the same light, and
charged with the same taxes, as if no such sale had taken
place.

Sec 41. The clerk of the commissioners' court shall Clerks cort^r.
be allowed such compensation for services to be rendered «RUQQ
43

533

REVENUE.

Liability of
clerks

by him under this act, as said court shall deem just, to be
paid out of the county treasury.

Sec. 42. If the clerk of the commissioners' court of any
county, shall fail to receive from the auditor, on or before
the first day of April next, the map and book provided for
by this act, it shall be lawful for the county treasurer to pro-
ceed to take lists of taxable property without the tran-
script herein provided for..

Sec. 43. The act entitled "An act for levying and col-
Acts repealed lecting a tax on land and other property," approved Fe-
bruary 18, 1823; all acts repealed by said act; the act to
amend "An act entitled an act for levying and collecting a
tax on land and other pi operiy," the act establishing the form
of deeds to be executed by the auditor of public accounts^
for the sale of lands for taxes, and for other purposes,
approved January 26, 1826; the act relating to the reve-
nue of Calhoun, Pike, Adams, Schuyler. Fulton, and Peoria
counties, approved January 27, 1826, and the eighth,
ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth
sections of the act, approved January 28, 1826, entitled
"An act supplemental to an act making appropriations for
the years 1825 and 1826,*' approved January 18, 1825,
are hereby repealed ; but no forfeitures incurred, or rights
accrued, under any of the laws hereby repealed, shall he
affected by such repeal. This act to take effect on the
first day of March next. [Approved Feb. 19, 1827.]

REVENUE.

£n force Feb. AN ACT to complete the assessment and collection cf tlie
10» im land tax of 1826, and for other purposes.

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly. That all persons, resi-.

sMsetifw ?8£6 dents °f this state, whose lands were omitted to be asses-
sed, and on which taxes remain due and unpaid for the
year 1826, shall be allowed to complete the assessment of
the said lands, with the sheriff of the proper county, and
pay the taxes thereon at any time before the first day of
July next.

Sec 2. All persons wishing to avail themselves of the

How tested provisions of this act, may, at any time before the day
limited in the first section of this act, deliver to the sher-
iff, as full and complete a description of the land as is
now required to be given, to the assessor, on which the
tax has not been paklvas aforesaid, whose duty it shall be

REVENUE. 339*

to receive and transcribe the same, in a book to be kept
by him for that purpose, together with the name of the
owner, and receive the taxes due thereon, and give his re-
ceipt for the same.

Sec. 3. It shall be the duty of the several sheriffs to ,ff
account and settle with the auditor of public accounts, cou(nt uiiiTati-
for all moneys received by them, under the provisions of ditor
this act, on or before the first day of August, 1 827, and
furnish the said auditor with a full copy of the list of lands
on which the said taxes have been paid as aforesaid, on
such settlement, and a like copy of the same to the clerk
of the commissioners' court: Provided, that all lands which
may have been advertised and sold for the tax of 1 826,
at the time this act takes effect, shall not be embraced in
the foregoing provisions.

Sec. 4. The sheriffs of the respective counties of this May collect
state, are hereby authorized and required to collect all taxes for cer^
taxes due to the county or state, for the years 182-J, 1825, tam>'e,ira
and 1826, and pay them over as directed by law, on or
before the first of August next, and on payment of said
taxes, the said sheriffs shall be released from all penalties
accruing to the state or county. This act to take effect
from its passage.

[Approved Feb, 10, 1827.]

REVENUE.

AM ACT for the relief of certain persons whose lands have in force Feb.
been sold for taxes. 13> 1827«

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That in all cases where
the taxes on any tract of land have been paid to the sher- se"Vg evidence'
iff of any county, and the same land has been subsequent- ot sale ot cec~
ly sold by the auditor of public accounts, for said taxes, talnlto^teK
by reason of the said lands not being correctly described,
in the tax book of the county, or by reason of any official
mistake; in every such case, the auditor shall, upon its
being made manifest to him that the said taxes have been
paid in such county, and the land was nevertheless sold
afterwards by the said auditor to an individual for the
same taxes, to make an entry thereof in his books, giving
a brief history of the case, and issue his warrant on the
treasury in favor of the purchaser of any such land, when
required, for the amount it was sold for: Provided, that

340 ROADS.

application be made therefor, before the expiration of the

time allowed by law for the redemption of the same.

Sec. 2. In all cases where land may have been strick-

State lands en off* to the state, for the non-payment of taxes, the same

how redeemed may be redeemed at any time, by the pnyment of single

tax for each year in arrears, together with all costs, and

interest at the rate of six per cent, per annum, from the

time such tax became due, until paid.

[Approved, Feb. 13, 1827.]

ROADS-

in force March ^N ACT concerning Public Roads.

1, 1827

Sec. 1. Be it enacted by the People of the State of Illinois,
Roads hereto- rePresentec^ *n *he General Assembly, That all roads within
fore laid out this state which have been laid out in pursuance of any
reChaIhd pub ^aw °^ *^8 state, or of the late territory of Illinois, and
l§ wa}S which have not been vacated in pursuance of law, are
hereby declared to be public highways.
Powerofcoun- Sec 2. The county commissioners' courts of the seve-
ty convrs ral counties, shall have and are hereby vested with gene-
ral superintendency over the public roads within their
respective counties.

Sec. 3. The county commissioners of each county^
Shall establish shall, at their March term, Or so soon thereafter as may

and^appoinuu- be' in eac^ and evei7 )'eal> lav out a»d divide their re-
pervisors spective counties into such road districts as they shall

deem convenient and proper, defining accurately the
boundaries of said districts, and all the roads therein; and
they shall appoint one supervisor in each district, who
shall serve one year, and until his successor be appointed.
Sec 4. It shall be the duty of the clerk of the coun-
who shall be ty commissioners' court in each county, to make out and
appointment611" deliver to *-ne sheriff, written notices to all the persons
who have been appointed supervisors, as aforesaid, within
ten days after such appointments shall have been made,
informing such persons of their said appointment, and
describing the bounds of their respective districts; and
the said sheriffs shall immediately deliver the said notices
to the persons to whom they shall be directed, respective-
,. ly; and if any person to whom such notice shall be so

clvt ~ delivered, shall refuse to accept the oflice of supervisor,

the sheriff* shall return the said written notice to the coun-
ty clerk, noting such refusal on the back thereof. But if
the person to whom such notice of appointment shall be

ROADS.

-io delivered, shall agree to accept the same, then the
sheriff shall notify the said clerk of such acceptance; and
the said sheriff shall, in all cases, make the aforesaid re-
turns of acceptance or refusal, within twenty days after
the delivery to him of such notices, by the clerk. For
anj failure on the part of the clerk to make out and de-
liver to the sheriff any of the notices required by this
section, the clerk shall be fined in the sum of ten dollars;
and the sheriff shall incur the same penalty for any fail-
ure to deliver any one of said notices, in the manner and
within the period herein prescribed.

Sec. b. When any person shall refuse to accept the
appointment of supervisor, he shall be fined five dollars, to £*na1ty there~"
he appropriated to road purposes: and when any super-
visor shall die, or be removed, the county commissioners
shall appoint another supervisor for that district, at their
next regular or special meeting.

Sec. 6. It shall be the duty of each supervisor to cause nuty of super^
all trie public roads within his district to be kept well clear- visor
ed, smooth, and in good repair, causing all stumps to be
cut low, so as to afford at all times a free and safe passage
to waggons and other carriages along such road; to cause
bridges and causeways to be made whenever the same
shall be necessary, and to keep the same in repair; and
to cause to be erected and kept in repair at the fork or
crossing place of e^ery public road, a post with plain in-
scriptions thereon in large letters and figures, giving the
direction and distance to the most noted place to wiiich
such road may lead.

Sec. 7. In consideration of the duties required of su- Their exenw-
pervisors, they shall be exempted, during their continu- tions
ance in office, from militia duty, and from serving as grand
or petit jurors; but they shall receive no other compen-
sation: Prozidccl, the said supervisor may direct any
person liable to work on the roads within his district to May cTep^c
warn all or any part of the hands in his said district; and S™sl0'Aaw
the time any such person may be thus employed, shall be
computed as part of the time that such person was liable
to work on roach.

Sec. 8. Each supervisor, shall be, and he is hereby Who gba1,
authorized to call upon every able bodied male person workont-oidi
residing within his district between the ages of eighteen
and fifty years, to perform the necessary labor upon the
roads and bridge-, to make or keep them in repair, giving
every such person three days notice of the time and place of
working; and every such person who when required by the
supervisor of his district, shall fail to attend at the time and
preappointed by the supervisor, with such tool.- as he may

342 HOADS.

have been directed to bring, or who shall refuse to work
when there, or shall disobey an order of the supervisor,
shall forfeit and pay, for each offence, and for each day's
absence of himself or his substitute, seventy-five cents, to
be paid by himself if of full age, if a minor by his parent or
guardian, or if an apprentice or other person bound to
labor, by his master or mistress; to be recovered by the
supervisor, before any justice of the peace: ai>d in all
actions brought by any supervisor under the authority of
this act, such supervisor shall be a competent witness:
Provided, that no person shall be bound to work on the
public road more than five days in the year, or more than
eight hours in any one day; nor shall less than eight
hours labor be considered a day's work; and any person
shall be exempt from labor, on furnishing a substitute
equally able as himself to perform his work; but the
principal shall pay all fines which such substitute may in-
cur by refusing to work, or disobeying the orders of the
supervisor: Provided further, when any person shall own
or have in his or her service any slave or slaves, indentur-
ed or registered servants, it shall be sufficient to give the
notice aforesaid to the master or mistress.

Sec. 9. VVhen any public road shall be obstructed by
Obstructions to fa]ien timber, or in any other manner, and when any bridge
howCm or causeway shall be destroyed, or become impassable or

dangerous to travellers, it shall be the duty of the super-
visor to cause such obstruction to be removed, and to have
such bridge or causeway rebuilt or repaired, as the case
may require; and for that purpose he shall call out the
persons bound to labor on the roads in his district, or as
many of them as may be necessary: but if the persons
bound to perform such labor in his district, shall have
previously performed their five days' labor; or if the la-
bor due from such persons shall not be sufficient, he shall
then proceed to hire as many laborers or teams as may be
necessary to remove such obstruction or repair such
damage: Provided, the cost shall not exceed ten dollars:
and if the cost of such work shall be estimated by said
supervisor to exceed ten dollars, then he shall report such
obstruction or damage to any two or more of the county
commissioners, whose duly it shall be, immediately, to
cause such obstruction to be removed, or such bridge or
causeway to be rebuilt or repaired, as the case may be,
either by ordering the supervisor to hire laborers and
teams, for that purpose, or by making a contract with
3omc fit person or persons, as they may deem best; and
'd\l mone\s required to carry any of the provisions of this*

ROADS. S&

action into effect, shall be paid out of the county trea-
sury.

Sec. 10. If any person shall obstruct any public road Forfeiture for
by falling a tree or trees across the same by encroach- obstrueLiBS» &*
ing upon, or fencing up the same, or by placing any
oilier obstruction therein, he shall forfeit for every such
offence, the sum of ten dollars; and the sum of three dol-
lars for every day he shall suffer such obstruction to re-
main after he shall have been ordered to remove the same
by any supervisor, county commissioner, or justice of the
peace. And if any person shall purposely destroy or in-
jure any bridge or causeway, or remove any of the timber
or planks thereof, or destroy or deface any guide board, or
guide posts on a public road, or dig any drain or ditch
across a public road; such person so offending, shall be
liable to be indicted, and on conviction, shall be fined in
In v sum not less than five dollars, nor more than one hundred
dollars: Provided however, that this section shall not be con- .
strued to extend to any person who shall lawfully cut down
any timber for rails, firewood, or other purpose, and who
shall immediately remove the same out of the road, nor to
any person through whose land a road shall run, who shall
dig a ditch or drain across said road, if such person shall
immediately build a bridge across such ditch or drain,
and keep the same in good repair.

Sec. 11. For the purpose of making bridges and cause- _.. ,

. . . , i /• i . S , . Timber &c for

ways, or repairing the same, and tor making and repair- P<te{ja
ing public roads, the supervisors are authorized to take
and cut any timber from any unimproved land through
which such road shall pass.

Sec. 12. The county commissioners are hereby author- rtoaib how laid
ized to cause new public roads to be located and made out
within their respective counties, and to alter or vacate
public roads within their counties, except state roads. All
roads when ordered to be opened, shall not be less than
thirty, nor more than fifty feet wide; but bridges need
not exceed sixteen feet in width.

Sec 13. No new road shall be opened by order of the
county, commissioners' court, unless the same shall be ^J1^!^0" fcr*
applied for, by at least thirty-five voters, except in coun-
ties which shall not have more than three hundred voters,
where only fifteen shall be required; such applicants shall
deposite in the hands of the clerk of the county commis-
sioners' court, a sufficient sum of money to pay the view-
ers. If their report be in favor of establishing the road,
the money so deposited shall be returned to the persons
who deposited the same; but if the report be unfavorable,
the expense of the view shall be paid out of the money so

344

ROADS.

Viewers to be
appointed

Uuse!es3 roads
how vacaied

deposited. And every person applying /or such new
road, shall contribute one day's labor, in addition to the
five days required by this act towards making such road.
The clerk of the county commissioners' court shall fur-
nish each of the supervisors through whose road districts
such new road shall pass, with a list of the persons who
petitioned for the same; and any such petitioner who shall
not reside within some district through which such new
road shall pass, shall be required to perform the day's la-
bor herein required of him, under the direction of the
supervisor of the nearest road district, and for failing to
do so, after being duly notified, he shall be fined as pro-
vided in the eighth section of this act.

Sec. 14. When a new road shall be applied for as afore-
said, the county commissioners' court shall appoint three
suitable persons to view the ground proposed for the same;
and if after suoh view, the viewers shall believe the road
applied for to be necessary, they shall proceed to locate
the same upon the nearest and best route designating its
course through prairies and improved land, by fixing stakes
in the ground; and through timbered land, by marking
the trees, and make report thereof to the next county com-
missioners' court: but if after the view, they shall deem
such road unnecessary or improper to be made, they shall
report their opinion to that effect at the next term of the
said court.

Sec. 15. Whenever it shall be represented to the coun-
ty commissioners' court by the petition of thirty-five vo-
ters, that a public road, established by the said court, or any
part thereof is useless or burthensome, and ought to be
vacated; the said court, upon a sufficient sum of money
being deposited with the clerk to pay the expense of a
review, (such money to be returned, if the road shall be
declared useless) shall appoint three suitable persons to
view the same, who shall report to the said court, at the
next term after such appointment, whether such road be
in their opinion useless or burthensome, together with the
reasons for such opinion; and the county commissioners
may then order such road to be vacated, if in their discre-
tion they shall deem such order proper: Provided, that
no petition praying for the establishment or vacation
of a public road, shall be received by the said court, unless
the said petitioners, or seme of thcm,shall have given at least
twenty days public notice of such application, by a written
advertisement posted on the outside of the door, of cither
the court house or county clerk's olfice of the proper
county.

Sec. 1G, When a new road shall be located, the coun-

ROADS. 340

ty commissioners shall immediately cause the supervior Supervisor to
of each district, through which such road shall pass, to be Uevr roads °
notified ofsuch location ; and it shall the duty of the said su-
pervisors to make such roads within their respective districts
and to keep (lie same in repair, so faras the labor of the per-
sons bound to work on said road shall enable him; and if
such labor be insufficient, the county commissioners shall
cause such road to be cut out and opened at the expense
of the county; and after being so opened, the same shall
be kept in repair by the supervisor, as in other cases.

Sec. 17. Any supervisor who shall neglect or refuse to _ .. . .
r r .,1 r 11 it i ..• i jri- l Punishment Oi

perform faithfully any duty or duties required of him by 8apecvhjor

this act, shall be liable to be indicted; and on conviction,
shall be fined not less than three, nor more than twenty
dollars, for every such offence. The county commission-
ers shall have power, at any time to remove from office,
any supervisor who shall fail or refuse to perform his duty:
but such removal shall not excuse such supervisor from
being punished by fine as aforesaid, for any breach or omis-
sion of duty, which may have occurred before such re-
moval.

Sec. 13. Where any public road, which has been, or Location ot
hereafter may be established, shall be oppressive orinjuri- roads may tie
ous to the owner of any land through which the same may changed
pass, it shall be the duty of the county commissioners'
court, upon complaint of the person aggrieved, to cause
that part of the road so complained of, to be again viewed
by three disinterested persons; upon whose report the said
court shall cause that part of the road so complained of,
to be located upon otiier ground, if the same can be done,
without disadvantage to the public. The county commis-
sioners' court shall have power to make a reasonable allow-
ance to viewers of roads, but the same shall not exceed
seventy-five cents a day to each viewer.

Sec." 19. The supervisor is authorized to contract with commutations
ar.y person or persons to discharge his, or their road la- ot labor
bor, or any part thereof, by opening, improving or re-
pairing a road, or part of a road, or by building a bridge,
or a causeway, or.by furnishing materials for the same, or
by erecting guide posts, and making guide boards. He is
also empowered to receive in lieu of any portion of the la-
bor required by this act, the use of such teams, carriages,
road scrapers, and ploughs, as may be.necessary, on such
terms as he shall deem reasonable.

Sec. 20. The county commissioners shall have power, Rau] 8crftperi
whenever the situation of the county treasury will per- may be puo-
mit, and the condition of the roads shall require it, to pur- oha
44

346 ROADS.

chase a suitable number of road scrapers, to be used ifi'
raising and draining public roads within the county.

Sec. 21. If any person or persons shall, for the convert
Cart roads ience of themselves or neighbors, wish to have a cart road
laid out from the dwelling or plantation of any person, or
from or to the highway or public road, or from one high-
way to another, the person so applying, shall advertise his
intention, and obtain a petition as required by this act in
the case of public roads; and upon reading the petition as
aforesaid, which petition shall not contain less than fifteen
signers, the court shall direct a view of the same; and up-
on return made, if there are no objections, the court shall
further direct the same to be laid out in a proper manner,
but the breadth thereof shall not exceed thirty feet. The
said road shall be opened and kept in repair by the persons
applying for the same: Provided, if any person shall be
injured by the running of the said road or cartway,
through his or her improved land, the same shall be made
known to the county commissioners' court at their next
court thereafter; and unless the party praying for the
opening of said road or cartway, shall pay to him or her
complaining of the same, the amount of damage done te
his or her lands by the running of said cart road, to be as-
certained by three freeholders appointed by the court; the
said road shall not be so opened. If any owner or own-
ers, of any land, through which said cart road may pass,
shall be desirous of improving his or her lands, they shall
be permitted to alter and change said cart road: Provi-
ded, the ground on which they propose to turn it, is as
good, and shall not increase the distance more than one
twentieth part thereof.

Sec. 22. All fines imposed by this act which are not

Fines how re. otherwise expressly provided for herein, may be recovered

by action of debt, before any justice of the peace of the

county, in the name of the county commissioners, for the

use of the county.

Sec. 23. All laws heretofore enacted on this subject
are hereby repealed: Provided, that the rights which
ctsrepeae have accrued, or penalties incurred under the laws by
this act repealed, shall not be impaired or affected by the
passage of this act; but the same shall be enforced ac-
cording to the laws in force at the time the right accrued
or penalty was incurred. This act to take effect and be in
force on the first day of March next.

[Become a Law Feb. 12, 1827.]

ROADS. 34?

AN ACT declaring a certain road therein mentioned, a State ln forceFeb.
Road, and for other purposes. *

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That the road leading certain roads
from the town of Mount Vernon, in Jefferson county, to <ie. lated a higU
the town of Carlyle, in Clinton county, be, and the same way
is hereby declared a public highway of this state.

Sec 2. The county commissioners' court of Clinton
county is hereby authorized to appoint two commission"
ers, to review that part of the state road leading from
Vandalia ;o Kaskaskia, which passes through the said
county of Clinton: said commissioners when appointed,
shall make such alterations in said road as to them shall
seem most advantageous to said county, and not injurious
to the state.

| Sec. 3. The road leading from Equality, the seat of
justice of Gallatin county, by John Black's and Josiah L. gjJ^J^
Potts' to Ford's ferry, on the Ohio river, is hereby estab- ed a highway
lished and declared a state road, and the county commis-
sioners of said county shall cause said road to be kept in
repair as other public roads of said county.

Sec. 4. The road leading from Carlyle in Clinton coun-
ty, through Bond coijnty to Sangamon county, be and the
same is hereby declared a public highway.

Sec. 5. The road laid off and opened from Springfield Road from
to the town of Peoria, by the way of Samuel Musicks on Springfield a
Salt creek, and Thomas Dillon's, on Mackinaw creek, highway
be, and the same is hereby declared a state road; and it
shall be worked upon and kept in repair as other state
roads are.

[Approved, Feb. 12, 1827.]

QUO WARRANTO.

IN ACT to regulate proceedings upon Information in the in force Dee
nature of a Quo Warranto. 28,1826

Sec. 1. Be it enacted by the People of the State of Illinois,
•epresented in the General Assembly, That in case any per-
son or persons shall usurp, intrude into, or unlawfully hold W"'1^" amI
or execute any office or franchise, it shall and may be law- mation in na-
ful for the attorney general, or the circuit attorney of the tareof n quo
proper circuit, with the leave of any circuit court, to exhibit ^cxhibiied*7
to such court, one or more information or informations, in
the nature of a ova zBarranto, at the relation of any person

348 QUO WARRANTO.

or persons desiring to sue or prosecute the same, who shall
be mentioned in such information or informations, as the
relator or relators against such person or persons so usurp-
ing, intruding into or unlawfully holding or executing
any such office or franchise, and to proceed therein, in
such manner as is usual in cases of informations in the
nature of quo warranto. If it shall appear to such court,
that the several rights of divers persons to the same of-
fice or franchise, may properly be determined on one in-
formation, it shall and may be lawful for the said courts to
give leave to exhibit one such information against several
persons, in order to try their respective rights to such of-
fice or franchise; and such person or persons against whom
such information or informations in the nature of a quo
warranto, shall be sued or prosecuted, shall appear and
plead, as of the same term in which the said information
or informations, shall be filed, unless the court shall give
further time to such person or persons, against whom such
information or informations shall be exhibited, to plead:
such person or persons who shall sue or prosecute such in-
formation or informations, shall proceed thereupon with
the most convenient speed that may be; any law, usage or
custom to the contrary thereof, notwithstanding.

Sec. 2. In case any person or persons against whom
any such information, in the nature of a quo warranto, shall
ouSiTandfitie *n an^ °^ tne said cases, be exhibited as aforesaid, shall
be found, or adjudged guilty of any usurpation or intru-
sion into, or unlawfully holding and executing any office or
franchise as aforesaid, it shall and may be lawful for the
said courts, as well to give judgment of ouster against
such person or persons, of and from any of the said offices
or franchises, as to fine such person or persons, respective-
ly, for his, or their usurping, iutruding into, or unlawfully
holding and executing any such office or franchise ; and al-
lots so to S've judgment that the relator or relators in such in-
formation named, shall recover his, or their costs of such
prosecution; and if judgment shall be given for the defen-
dant or defendants in such information, he or they for
whom such judgment shall be given, shall recover his, or
their costs therein expended, against such relator or rela-
tors.

Sec. 3. It shall and may be lawful for the court in which
to'p'ead, reply, an)' information as aforesaid, shall be exhibited, to allow to
i-ejoin or <te-' the relator or relators, and the defendant or defendants,
such convenient time to plead, reply, rejoin, or demur, as
to said court shall seem just and reasonable.

Sec 4. Appeals may be taken from the decision of the
circuit court, upon such terms as the said circuit court shall

mur

REPLEVIN. 349

prescribe: or writs of error mav be prosecuted, whenever Appeals and

f, p ±i • * ,1 r • wrus f,t error

the supreme court or anv of the judges thereof, in vaca- aliowe(i

tion, upon being presented with a copy of the record,

shall certify that there is reasonable cause for the bring*

ingof such writ: The said supreme court, or judge in

vacation, may impose such terms and conditions upon the

partv wishing to prosecute such writ of error, as to the

said court or judge may seem reasonable and just. The

allowance of a writ of error shall operate, after notice

thereof, as a stay of proceedings in the circuit court, until

the determination. But writs of error without seperse-

deas shall issue as writs of right, as in other cases.

[Approved, Dec. 28, 1826.]

REPLEVIN.

AN ACT to regulate the Action of Replevin* \n force Juot

l, 1827

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the action of re-
plevin shall be maintainable in all cases where any goods 2™ 3****?

i ii hi r i /• ii action Oi

or chattels shall be taken from any person lawfully pos- replevin will lie
sessed of the same, without his or her consent, and the per-
son or persons bringing such action shall, before any writ
shall issue, make oath or affirmation before the clerk of
the circuit court, or any justice of the peace of the counr Oath of pl'ff
ty, that the property (describing it) about to be replevied,
rightfully and bona fide belongs to him or them, and is un-
lawfully detained, and that the same was not taken in ex-
ecution for the payment of debt, nor for the payment of
taxes; and moreover before the execution of the writ,
shall give bond to the sheriff, with good and sufficient se- and bond
curity, in double the value of the property about to be
replevied, conditioned that he or they will prosecute such
suit to effect, and without delay, and make return of the
property, if return thereof shall be awarded, and save and
keep harmless the said sheriff in replevying such proper-
ty; and the sheriff shall thereupon serve such writ, and
deliver the property therein mentioned, to the party suing
out such writ.

Sec. 2. The proceedings in an action of replevin shall
be commenced by plaint, with a summons to the defendant, Commence-
in which shall be stated a description of the property to JS^JjtLk
be replevied, and the sheriff shall return the bond by him and summons
taken, and return the same, with the writ, to the clerk;
who shall file tjie same.

350 REPLEVIN.

Sec. 3. If any plaintiff in the action of replevin shall
Retumoha- fail to prosecute his suit with effect, and without delay,
or shall suffer a non-suit or discontinuance, or if the right
of property shall he adjudged against him, the court shall
and damages give judgment for a return of the property taken, and
damages for the use of the property from the time it was
taken, until return thereof shall be made; and if judg-
Oamages for ment be given for the plaintiff, he shall recover damages
for the detention of such property while in the possession
of the defendant; and the damages in either case, shall
be assessed by the jury in case of a trial; but if the plain-
. tiff shall not prosecute his suit, or if judgment shall in any
aithei- case manner be given for the defendant, without a trial, the
damages in such case may be assessed by the court, on
hearing such testimony as may be offered on the subject.
Sec. 4. If at any time the condition of the bond re-
Condition of* quired by the first section of this act shall be broken, the
bond bring sheriff or plaintiff in the name of the sheriff to his own

to* be main- use as tne case may De' maJ sue ana" maintain an action
tained therefor on such bond, for the recovery of such damages as may

have been sustained inconsequence of the breach of such

condition.

Sec. o. If any sheriff shall fail to take and return a
SI/ff/ah',linf t0 bond, as required by the first section of this act, or shall
■hall pay dam return an insufficient bond, such sheriff shall pay to the
ages party injured, all damages wtuch he may sustain, or be

put to, in consequence of such neglect; to be recovered

jjy an action on the case, in the circuit court.

Sec 6. The oath required in the first section, may be
Oathmavbe made by an agent of the plaintiff or claimant, in which
made by agent cage -t g|iau be^ufficient to state, on oath, that he has good

reason to believe, and does verily believe, the right of

property is in the plaintiff, and unlawfully withheld.

Sec. 7. It shall be sufficient for the defendant in all

anTconuzaSd cases of replevin for distress taken for rent to avow, or

incaseofdis- make conuzance generally, without particularly setting

tress tor rent forin the tenure or title to the lands whereon such distress

was taken. This act to take effect on the first day of

June next.

[Approved, Jan. 29, 1827.]

RIGHT OF PROPERTY. 351

<4N AC! prescribing the mode of trying the Right of Prop- I^orce June l

erty.

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That whenever an ex- Trial of right
ecution, or writ of attachment, shall be levied by any of property
sheriff or coroner upon any personal property, and such
property shall be claimed by any person or persons, other
than the defendant, in such execution or attachment, by
giving to the sheriff or coroner, notice, in writing, of his,
her, or their claim and intention to prosecute the same, it
shall be the duty of such sheriff, or coroner, forthwith to
summon a jury of twelve respectable householders of the jurv
county, to meet at a place to be designated b) him, before
the day appointed for the sale of such property; and then
and there proceed to inquire, by the oath of said jury*
whether the right of such property be in such claimant,
or not.

Sec. 2. It shall be the duty of such sheriff or coroner Notice to pl*ffi
to notify the plaintiff in the execution or attachment of to execution
such claim, and the time and place of trial, and on the day
appointed the sheriff or coroner shall swear the jury, and cee^in?pHH
such witnesses as may be produced, by either party, or
may postpone the trial, such reasonable time, on the ap-
plication of either party, as he shall think proper, for the
purpose of procuring testimony.

Sec. 3. After the jury shall have agreed on their ver-
dict, the sheriff or coroner shall reduce the same to
writing, and it shall be signed by all the jurors, and the
sheriff or coroner, shall thereupon restore the proper^
ty, if found to belong to the person or persons claim-
ing, or shall proceed on such execution or attachment, if
the property shall not be found to be in the claimant, in
the same manner as if no claim had been made.

Sec. 4. The sheriff or coroner shall make up a bill of
all the costs accruing on such trial, according to the pro- ^osts
visions of the act or acts regulating the fees of officers, for
similar services, and annex the same to the verdict of the
jury; and shall have power to collect the same from the
claimant of such propeity, if the verdict be against him,
or from the plaintiff or plaintiffs in the execution, if such
verdict be for the claimant, in the same manner that bills
of fees in other cases are authorized by law to be collected.

Sec .5. In case either party shall think himself or herself
aggrieved by the verdict of the jury, he or she may appeal Appeal
to the circuit court, in which case the party appealing
shall irive bond, with sufficient security, to prosecute such
appeal without delay, and to pay all costs that have a- -

353

RIGHT OF PROPERTY,

Jmlgmer.t on

appeal

Trial before
jostiee of the
peace

crued or may accrue on such appeal, if judgment be giv*
en against him, in the circuit court; which bond shall be
in a sum sufficient to cover all costs, and be payable to the
opposite party; and the sheriff or coroner shall thereup-
on deliver to the clerk of the circuit court, the bond afore-
said, and all the papers relating to such trial ; and the clerk
shall enter said appeal on his docket; and the court shall
proceed to try the right to such property, in the same
manner as is before directed in this act: and in all such
cases, judgment shall be given against the party failing,
for all costs, and the clerk shall issue execution for the
same.

Sec. 6. In all cases where any personal property shall
be taken by virtue of an execution or attachment, issued
by any justice of the peace, and be claimed as aforesaid,
the same proceedings shall be had before the constable serv-
ing such execution or attachment, together with the jus-
tice who issued the process; and in such cases the justice
shall administer the oaths to the jury and witnesses, and
retain the papers relating to the proceedings, and in case
of an appeal, shall take the bond, and transmit the same,
with the other papers, to the clerk as aforesaid.

Sec. 7. The verdict of the jury in all cases under this
Verdict of jury act, shall be a complete indemnity to the sheriff or other
XSdemmty l° officer, in proceeding to sell, or restore any such property
according to the verdict; and in case of an appeal, the
. sheriff or other officer shall retain such property, unless
the party claiming, or the defendant in the execution, shall
enter into a bond, with sufficient security, for the delivery
of such property to the sheriff or other officer, if the judg-
ment of the court shall be against the claimant.

Sec 8. The act entitled "An act prescribing the mode
Acts repealed 0r trying the right of property in certain cases," approved
February 12, 1821; the act entitled "An act prescribing
the mode of trying the right of property in certain cases,"
approved February 7, 1823; and the act entitled "An act
to amend an act prescribing the mode of trying the right
of property in certain cases, approved February 7, 1823,"
approved January 10, 1825, are hereby repealed. No
rights which have accrued under the acts hereby repeal-
ed, shall be impaired by this act. -This act to take effect
on the first day of June next.

[Approved. Jem. 29, 1827.]

SALINE RESERVES. 363

AN ACT concerning the Saline Reserves, a Penetentiary, in *;™Feb-
and the improvement of certain Navigable Streams*

Sec. 1 . Be it enacted by the People of the Slate of Illinois,
-(presented in the General Assembly, That in case the con- Corami8S-loner9
gress of the United States shall give their consent t,seiett 30,000
to a bale by this state, of such situations in the Gallatin acres of land
county Saline reserve as are suitable for water works, or
such other portions oi' said Saline reserve or of the Vermil-
ion Saline reserve, as this state shall deem expedient,
Leonard White, John Black, and Benjamin Cummins, are
hereby appointed commissioners, to select and designate
such portions of the Gallatin county Saline reserve, not
exceeding thirty thousand acres, congress having assent-
ed to the sale of that quantity, the selection to be of the
lands least useful for salt making, within said reserve, and
to lay off and designate at each situation suitable for wa- andsitegfop
ter works, within said reserve, twelve acres of land, in- waier WOtt5
eluding sucii situation, and so much of the ripple and wa-
ter course, arid the banks thereof, as may be necessary for
the erection of dams and water works, to be constructed
In such manner as to promote (not obstructing) the navi-
gation of the Saline creek. And it shall be the duty of
said commissioners, as soon as practicable, after they shall
be informed that the Congress of the United States has
granted their assent as aforesaid, to perform the duties
assigned by this section: the selection for water works to
be in addition to said thirty thousand acres.

Sec. 2. In selecting the situations for water works, as
aforesaid, said commissioners shall not be governed by Waterworks
any legal subdivision or survey heretofore made; but shall
cause new surveys to he made, to include such situations,
by special courses and boundaries to be by them establish-
ed ; and the other lands authorized by this act to be select-
ed, shall be selected in sections, half sections, quarter sec-
tions, and half quarter sections, according to the surveys
heretofore made under the authority of the United States;
and having so selected the same, shall make a detailed re-
portof theirproceedings,designating particularly, thecour- Report to the
ses and boundaries of said twelve acre lots, and the inter-
sections of the lines thereof, with the lines of the surveys
heretofore made as aforesaid; and describing the other
lands selected as the same are described on the plat of
lands offered for sale by the United States, in the Shaw-
neetown district, and transmit the same to the auditor of
public accounts, who shall record the same in his office.

Sec. 3. Said commissioners, and the commissioners Compensation
hereinafter appointed to select the lands in the Vermilion ot com rp

SALINE RESERVES.

Com'rs to sell
water works

Funds arising
therefrom how
applied

Purchaser
bouud to con-
ditions

Copies of re-
port

Com'r to give
bond

To advertise
sale

reserve, shall reeeiveyas compensation for their services?
out of the treasury of the state, two dollars per day, each,
for every day by them employed in selecting said lands,
for which the auditor shall issue his wan ant on the treas-
ury, upon the affidavit of said commissioners.

Sec. 4. John Mc'Iuean, James Frazier, and William
Burnett, are hereby appointed commissioners to sell such
of said lands, as shall be selected as aforesaid for water
works, and to apply the proceeds thereof, and the funds
hereinafter appropriated for the same purpose, to the im-
provement of the navigation of the Saline creek; and
next to the improvement of the road across the maple
swamp and between Equality, in Gallatin county, and
Carlyle in Clinton county, on the road leading from
Equality to St. Louis, and then to the erection of a bridge
across Eagle creek, on the road leading from Equality to
Ford's ferry, on the Ohio river. Which commissioners,
immediately on receiving a descriptive list of said twelve
acre lots for water works, from the auditor, shall proceed
to sell the same, upon such terms as they shall deem most
advantageous, having in view the improvement of the navi-
gation of the Saline creek; and binding the purchaser or
purchasers of saidlots,in such conditions, as they shall-deem
necessary to effect the object. Said commissioners are vest-
ed with authority to disburse the money for the objects
contemplated, in such manner as they shall deem right.

Sec. 5. 'The auditor shall, immediately on receiving
and recording the report of the first named commission-
ers, transmit a copy thereof to the commissioners named
in the preceding section, and also one copy to the com-
missioners appointed in the following section.

Sec. 6. James Caldwell is hereby appointed commis-
sioner, to sell all the aforesaid lands authorized to be sold
by this act in the Gallatin county Saline reserve, except
the lots for water works as aforesaid, who shall, before en-
tering on the duties of his office, enter into bond, payable
to the governor and his successors in office, for the use of
the people of the state of Illinois, with security to be ap-
proved by the said governor, in thesum often thousand dol-
lars, conditioned for the faithful performance of his duties
as commissioner, as directed by this act.

Sec. 7. Immediately on being qualified as aforesaid,
and receiving from the auditor a copy of said report, as
aforesaid, the said commissioner shall cause said lands to
be advertised for sale, in all the newspapers printed in
this state, and in one newspaper printed in Nashville,
Tennessee; one in Louisville, Kentucky, and in one news-
paper printed in Cincinnati, Ohio, for twelve successive

SALINE RESERVES. 355

veeks before the day of sale; stating particularly the day
and place at which the sale will commence, tliatthe same
will be continued from day to day, until concluded, and
stating also the hours of sale.

Sec. 8. In offering said lands for sale, the com-
missioner shall begin with the lowest number of town- tow land*

• a- j cc • ju i~.., shall be soil.

ship, range, and section, and so continue ottering the low-
est number, by half quarter sections, until ail shall be of-
fered, distinctly crying each half quarter section a rea-
sonable time, when, if no person shall bid therefor, it
shall be passed over and noted unsold; but should there
be a bid for any tract of land offered, the said commis-
sioner shall continue to have the same cried for a reasona-
ble time after such bid, and shall then be struck off to
the last and highest bidder, and set down to such bidder;
but no tract shall be struck off at a lower price than one
dollar per acre. Said sales shall be at public vendue,
and shall be kept open each day from ten o'clock A. M.
until two o'clock P. M. and shall be continued from day
to day, every day, Sundays excepted, until the whole shall
be offered for sale.

Sec. 9. Said sales shall be for ready money, in gold or
silver coins, or notes of any banks which shall be receiva- What money
ble into the land office at Shawneetown, at the time ot
payment; and said commissioner shall on 'the evening of
each day's sale, and on the morning before the next day's
sale shall commence, receive -from the different purcha-
sers, the sum or sums by them bid for the land, to them pa)ment3
respectively set down, and give them a receipt for the
same, together with a certificate of purchase, designating
particularly the tract or tracts purchased, and the price,
and shall make a record thereof in a book to be kept for
that purpose. If any person shall neglect or refuse to
pay for the land, by him bid off as aforesaid, in the time
specified in this section, the same shall be again offered
for sale, on the succeeding day, observing the same rules
as aforesaid, until the same be sold, or set down unsold.

Sec. 10. Said commissioner, as soon as said public sale
shall have been concluded, shall make out and transmit pT^fjT

7 ~ to the auditor

to the auditor ot public account?, a complete report ot

such sales, shewing to whom each separate tract was sold,
and the price thereof; and the auditor shall immediately
make out in the name of the governor, and the same shall Fatentg
be signed by the governor, the seal of state affixed by the
secretary of state, and countersigned by the auditor, pa-
tents for the lands so sold; vesting in the purchaser or
purchasers, respectively, the fee simple; and the auditor,
: having made so entry of the date of the same, shall

35G.

SALINE RESERVES.

Semiannual
reports

Private sales

Settlements

proceeds of
sales how ap-
propriated

Semi-annual

payments to be
made

deliver to each person entitled, his, her, or their patent,
on the production and delivery to the auditor, of the certifi-
cate of purchase. And said commissioner shall at tiie end
of every six months, during his continuance in office, trans-
mit to the auditor a like report of sales, upon which the
auditor shall in like manner, make out, have signed by the
governor, the seal of state affixed, by him countersigned,
an entry of the date thereof made, and on production of
the certificate of purchase from the commissioner, shall
deliver patents as aforesaid.

Sec. 11. If after the conclusion of said public sales
any land should remain unsold, the said commissioner may
sell the same at private sale, by half quarter sections, at
any price not less than one dollar per acre, and shall grant
the purchaser a certificate of sale, as aforesaid.

Sec 12. The said commissioner shall, at the end of
every six months, computing from the commencement of
said public sales, during his continuance in office, settle
and account with the auditor of public accounts, for all
lands by him sold, and all moneys by him received, and
shall pay into the treasury of the state one half of all the
money by him received.

Sec. 13. Said commissioner shall keep his office at
Equality in Gallatin county; and shall receive in full com-
pensation for his services, four per centum upon all the
money by him received and paid over under this act, to
be paid out of the moneys so by him received.

Sec 14. One half of the proceeds of the sales, to be
made by the commissioner appointed by the sixth section
of this act, arc hereby appropriated for the erection of a
Penitentitiary; one fourth to improve the navigation of
the Saline creek,in Gallatin county; the improvement of the
road across the Maple swamp, and the erection of a bridge
across Eagle creek; and one fourth part of the proceeds
of said sales, to improve the navigation of the little Wa-
bash river, by canafling round Robinson's mill dam, on the
east side thereof, in White county, and to remove such
other obstructions in said river, as shall be deemed expe-
dient: Provided, that neither of the two last said appro-
priations, shall exceed five thousand dollars.

Sec 15. The said commissioner shall, at the end of eve-
ry six months, during his contiiuiance in office computing
from the commencement of said public sales, pay over to
John Marshall of Shawneetown, or to such other person as
the commissioners appointed by the fourth section of this
net shall appoint to receive the same, the one fourth, part
of the proceeds of said sales, under the aforesaid limita-
tion as to amount; and to William Wilson of White coun-

SALINE RESERVES. 357

ty< or to such other person, as the commissioners appoint-
ed by the sixteenth section of this act, shall appoint to re-
ceive the same, the other fourth part of the proceeds of
said sales under the limitation as to amount as aforesaid;

bEc. 16. George R. Logan, William Nevitt, Samuel Commissioners
Daeley, William M'Henry, and James Gray, are hereby »1>P ™iei}*
appointed commissioners, with lull power and authority to tunds
disburse the funds appropriated bj this act, to improve the
navigation of the Little \\ abash, in the manner before pre-
scribed, in such way as they shall consider most conducive
to the public interest.

Sec. 17. The said John Marshall, or the person who
shall be appointed to receive the money, for the improve-
ment of the navigation of the Saline creek as aforesaid,
shall before receiving any of said money, give bond, pay-
able to the commissioners named in the fourth section of
this act, and their successors in office, for the use of the
people of the slate of Illinois, in a sum, and with security
to be named and approved by said commissioners, condi-
tioned that he will faithfully pay over said money, and all ^nv^,J^an
such as shall come to his hands for that purpose, to the or- vviison togiv«
der of said commissioners and their successors in office, bon(l
whenever they shall require it for the purpose aforesaid.
And the said William Wilson, or person who shall be
appointed to receive the funds appropriated for improving
the navigation of the Little Wabash, shall, before receiv-
ing any of said funds, in like manner give bond and secu-
rity to the commissioners named in the next preceding
section, payable, conditioned for the use, and approved as
aforesaid. ,

Sec 18. Shadrach Bond, William P. M'Kee, and Ger- commissioners
sham Jayne, are hereby appointed commissioners, with full on the peniteu-
power and authority to select and obtain by purchase or t,ar>"
otherwise, for the slate, a suitable site for a penitentiary,
on the Mississippi river, at or near the town of Alton, in
the county of Madison, taking care that the title shall be
secure, with full power and authority, to cause to be erec-
ted thereon, with the funds for that purpose appropriated
by this act, a building or buildings, of sufficient strength
and durability, with cells for the convenient confinement
of criminals, guard rooms, work shops, and rooms for the
keeper or keepers; and in all things to arrange the same,
upon the most advisable plan, both as to convenience and
utility for a public penitentiary; with power to make all
necessary contracts for the same; and for that purpose,
said commissioners may, from time to time, as fundsshall be
wanted, and as the funds appropriated by this act, shall be
receiyed ii asury, draw upon the auditorof pu1.

35a SALINE RESERVES.

accounts for the same; and it shall be the duty of the au~.

ditor, at all times when there shall he such funds in the

treasury, to issue his warrant or warrants on the treasury

Auditor when in favor of said commissioners, or in favor of such person,

SiirSTthei? f- as the? sha11 orderand *PPo'mt, for the amount of all such
vor drafts, and it shall be the duty of the treasurer to pay the

same out of the funds aforesaid. It shall be the duty of
the said commissioners to make a full and complete, report
of all their proceedings under this act, to the next general
assembly, on the fifth day of their session, shewing precise-
ly the state, nature and progress of the work, the amount
of funds expended, and the probable cost of completion.
Sec. 19. The commissioners named in the fourth section
Duty of oommis of this act, shall have full power and authority to superin-
aioners u der tend the improvement of the navigation of the Saline
creek, and to make all necessary contracts for that pur-
pose, and for the construction of all necessary locks, as
shall be necessary for that purpose, and to contract with
the purchasers of sites for waterworks, or with other per-
sons, as they shall find necessary and conducive to the in-
terests of the state, for the taking care of, repairing and
preserving such locks, and to fix and regulate such rates
of toll for all boats, craft or vessels in passing said locks, as
shall be necessary to keep, preserve and repair the same,
subject to the regulation and control of the general assem-
bly. And also to contract for and superintend the improve-
ment of the. road across the Maple swamp, and on the road
between Equality and Carlyle, and the bridge over Eagle
creek.

Sec 20. The commissioners appointed by this act to
Improvement superintend the improvement of the navigation of the Lit-
of navigation of tje Wabash, are in all respects, and for all purposes, ves-

Little \V abash , , ... .' ., r ' r A r , , r ' .

ted with similar powers, as are conferred on the commis-
sioners appointed to superintend the improvement of the
navigation of the Saline creek, and such toll gatherer or
gatherers, as they shall appoint for the purpose of keeping,
preserving and repairing the same.

Sec 21. Daniel W. Beckwith, Achilles Morgan, nnd
Vermilion sa- Amos Williams, are herebv appointed commissioners to

Uae reserves , -. , . . . .*• j i u

select and designate ten thousand acres, should congress

assent to the sale of that quantity of the Vermilion sa-
line reserve, who shall in all respects proceed in the man-
ner, the commissioners appointed by the first section of this
act, are required to proceed, except as respects the select
tion of situations for water works, and shall report their
proceedings to the auditor in the same manner.

Sec" 22. William Reed is herebv appointed commis-
sioner to sell all the hind so selected and designated in the

SALINE 'RESERVES. 359

Vermilion saline reserve as aforesaid; who shall give Horn'ra to sell
bond in the same manner, and in all respects, as Dear as 2^^™^
may be, proceed to sell the same as the commissioner ap-
pointed by the sixth section of this act, is required to do,
except that he shall receive in payment gold and silver
coins, and such bank notes as shall be receivable in the
land office at Palestine: and who shall make like semi-an-
nual reports to the auditor, and payments into the treasu-
ry, and shall receive the same per centum on the amount
of money by him received and paid over, as is allowed
tlie commissioner named in the thirteenth section of this
act, and paid in like manner, as compensation for his ser-
vices, and shall keep his office at the seat of justice of
Vermilion county.

Sec. 23. All the nett proceeds arising from the sales of Navigation of
land in the Vermilion saline reserve, uno^r this act, are Great Wabatb
hereby appropriated to improve the navigation of the
Great Wabash river, to be disbursed in conjunction with
the state of Indiana, when she shall set apart and appro-
driate funds for that purpose, in such manner as the states
of Illinois and Indiana shall, by mutual laws, direct; and
which money is hereby solemnly appropiiated or set apart
for that object, and to be applied to none other.

Sec 24. If any commissioner appointed under this act, Vacaneyof
shall refuse to serve, resign, remove out of this state, or J°,r"Vs hoty
die, the governor shall immediately rill such vacancy by Ut
appointing a suitable person, commissioner in his place.
And the several commissioners who shall receive money
under any of the provisions of this act, shall account for,
and pay over the same money by them respectively re-
ceived.

Sec. 25. In every instance where this act authorizes or
requires any set of commissioners hereby appointed to per- MaJ?rityof

r \ l i- l 1 11 u ah ■ " * • r -, r com TS may ac*.

form any act or duty, it shall be sufficient if a majority of "

any such set of commissioners shall join in the perform-
ance or discharge of any such act or duty.

Sec. 26. The commissioners for improving the naviga- M f .
tion of the Little Wabash, or any person by them author- Be»Rx»Df ne-
ized, may enter upon and take possession of any land in, pessary i»"<i
or adjoining the said river, which may be necessary for
improving the navigation thereof, and no more; which
lands shall thereupon become a public highway; and the
owner or owners of such land shall have the same reme-
dy, and be entitled to the same compensation as is, or
may be allowed for opening public roads over improved
land. And that so soon as the sum of twenty thousand
dollars be realized from the sale of said lands, the sum of
one thousand dollars, out of the next avails of said sales?

360 SALINES,

Fund for the be an(* is nerehJ appropriated towards the improvement
improvement °f ^*jg Muddy river, five hundred of the same to be
of Big Mwidy placed under the control of the county commissioners7
court of Franklin county, and the other half under the
control of the county commissioners' court of Jackson
county, to be by them laid out and expended in the improve-
ment of the navigation of said river, as high up as where
the road leading from Shawneetown to Kaskaskia cross-
es the same; and the sum of two hundred dollars to build
Bonpass one bridge across Fox river, and one across Bonpass, in a

direction from Mount Carmel, in Wabash, to Maysville, in
Clav county.

Sec. 2?. The sum of six hundred dollars is hereby ap-
Lusk's creek ProPriated for the purpose of building abridge across
Lusk's creek in Pope couunty, within eighty poles of the
junction of said creek with the Ohio river, to be disburs-
ed under the direction of the county commissioners' court,
and to be paid to their order, by the commissioner named in
the sixth section of this act; one half of which to be paid out"
of the money hereby directed to be paid to William Wil-
son, or for the improvement of the Little Wabash; and
the other half to be paid out of the money directed to be
paid to John Marshall, and to be paid out of the first mon-
ey coming to hand after the sum of two thousand dollars
is received by the commissioner named in the sixth sec-
tion of this act: Provided, this section shall not be con-
strued so as to reduce the amount of appropriations allow-
ed the Little Wabash and Saline creek.

Sec. 28. The auditor shall procure well bound record
Auditor shall books for the purpose only, and shall make a correct entry
keep a book as specially as practicable, of the return of all sales made
by the commissioners, and the certificates of purchase
produced, the tract purchased, amount paid, purchasers
name, date of purchase, and date of the patent issued and
delivered, so as to make the evidence of title as clear and
perfect as the nature of the case will admit.

[Approved Feb. 15, 1827.]

SALINES.

• IN ACT regulating the Gallatin County Saline.

In force Feb.

s# 1827 Sec. 1. Be it enactea by the. People of the State of Illinois*

represented in the General Assembly, That at t»e present
session of the general assembly, there shall be elected
by joint ballot, a person who shall be styled "The super-

SALINES. 361

ihtendentof the Gallatin county Saline " who shall reside Sapertoten-

,, . . J . ] , i it fU.nt to be ap-

apon the saline tract; the said superintendent shall exe- pointed and
cute a bond to the governor of the state of Illinois, and how removed
his successors in office, in the sum of eight thousand dol-
lars, with security to be approved by the governor, con-
ditioned for the faithful performance of the duties of
his office. The superintendent shall be subject to remov-
al or suspension, by the governor for the time being, for
any palpable misconduct or omission of duty in his office,
until the meeting of the general assembly next ensuing
such misconduct or omission, and may be removed for the
like causes by the general assembly. The superintendent,
except for the causes aforesaid, shall hold his office four
years, and shall receive a salary of rive hundred state pa-
per dollars per annum, payable yearly out of the state treas-
ury : Provide/, the said salary shall never exceed the nett
.profits of the rents of said saline, after paying all expen-
ses.

Sec. 2. The said superintendent shall have full power Hi oweraanA
and authority, to take care of the property of the state, dutiet
Comprehended within, or situate upon the tract called the
Xiallatin county saline, whether the same be real or per-
sonal, and shall have the general supervision thereof, and
shall be vested with all rights and powers necessary to
protect and preserve the interests of the state accruing from,
or arising out of the said saline.

Sec. 3. The superintendent shall, within two months
after the passage of this act, cause all the metal on the sa- C*"8? ^^
line tract aforesaid, belonging to the state, to be collected,
and shall advertise and sell the same so soon as practicable,
for the highest price that can be had for the same, not less
than three cents per pouud, payable either in cash or good
merchantable salt, well manufactured, delivered at the
works in barrels at thirty-seven and a half cents per bush-
el, in four semi-annual instalments, the purchasers giving
good and sufficient securities, payable to said superinten-
dent, or his successors in office, for the use of the people of
the state of Illinois. And in case any individual or indi-
viduals, who have received metal and owe for the
same, be disposed to pay up and settle for the same in
salt, it shall be lawful for said superintendent to take the
amount due in salt, at thirty-seven and a half cents per
bushel, put up and delivered at the lick as aforesaid, and
*-*jnay give them the same time to pay in as those who buy,
four semi-annual payments, they giving bond and good se-
curity. Which salt, the superintendent shall sell on said
saline tract, for the besl price that can he had, not less than
thirty-seven and a half gents per bushel for cash in hand.
46

362 SALINES.

Sec. 4. The superintendent is authorized to execute
Execute leases, Jeases to Andrew Frazier and Benjamin White, for their

«e to brazier , , . Jt r J .

and White several places, or so much thereof, as may be necessary to
carry on their several manufactories, and lay off to each
of them a sufficiency of laud, and fuel and building tim-
ber, sufficient to use the wells and springs now occupied
by them, or such as they may hereafter acquire, and to
include all their present improvements. And they, the
said Andrew Frazier and Benjamin White, shall each give
good security, in their leases, to be approved by the super-
intendent, for the faithful performance of all the stipula-
tions therein contained ; and they shall each pay two hun-
dred and fifty dollars per annum, payable half yearly;

Ind°]rerlntnt8 the ]eases to exPire on the fourth day of December, 1836;
*aste and should the said Andrew Frazier, or Benjamin White

fail, or refuse to execute said lease or leases, within two
months from the passage of this act, it shall be the duty of the
superintendent to enter upon, and take possession of either,
or both of said places, (as the case may be,) and advertise in
some newspaper printed in this state, that he will lease
such place or places, to the highest and best bidder, havt
ing in all cases, reference to the production of the great*
est possible quantity of salt; and if any lessee shall fail to
pay any rent within thirty days after the same shall be-
come due, the superintendent shall have power, and it shall
be his duty, immediately to dispossess said lessee or les-
sees, and proceed against them by action or otherwise, in
the most su rmary and expeditious mode, to recover the
rent due from them or any of them, and may proceed
again to lease the premises for the unexpired time of the
original lease.

Sec. 5. The superintendent is authorized to lease to
T» lease to L. Lowry Hay, the lot now in his possession, for five years,
Bay, &c. from the passage of this act, free of rent; and after that

time, should the said Hay discover water of equal strength
with that now used by White and Guard, he shall be
chargeable with the same rent; and should the discovery
be of an inferior quality, the superintendent may fix such
-rent as is reasonable and just, according to his discretion^
the said Hay's lease to continue until the fourth day of
December, 1836.

Sec. 6. The superintendent may lease to any person or
Lease vacant persons, anv vacant place on said tract, for the purposes of
m manufacture or discovery, on the same terms as are before .

provided for Lowry Hay: in all such cases, the leases grant-
ed, are to expire on the fourth day of* December, 1836;
and the superintendent shall not grant to any person more
than one lease, nor more than one lot in the same lease;

SALINES. &&

nor shall he in any case take another lessee or salt maker
as security.

Sec. 7. The superintendent is authorized to enter up-
on any premises by him leased as aforesaid, to make dis- tcJS^rcrtt
tress for any rent due, or where any payment is about to
become due, and the lessee has or is about to remove awaj-,
the said superintendent shall forcibly, and without delay,
seize and take possession of all his works, salt, and any oth-
er personal property, and after advertising the same in
four of the most public places for fifteen days, shall fairly
expose and sell the same, or so much thereof, as will pay
the rent due, or the payment about to become due, and all
reasonable costs and charges; and for the purpose of car-
rying this provision into effect, the superintendent is here-
by authorized and empowered, to summon to his aid as
many persons as may be necessary to take and retain pos-
session of any establishment, or other property of said
lessee; and any person so summoned by said superinten-
dent, failing or refusing to aid him, shall be fined by said
superintendent, in any sum not less than five, nor more than
twenty dollars; and said superintendent is hereby author-
ized and empowered to issue his execution to any consta-
ble of the county, and collect the same with costs, for the
use of the state. And should any person or persons com-
mit any waste, spoil, or trespass, on the vacant lands of
the said saline tract, the superintendent is authorized to
employ a sufficient force to expel such person or persons
therefrom; and on complaint of any lessee and request to
the said superintendent, he may employ the like force,
and expel with strong hand, any person or persons trespas-
sing on the tract, or any part thereof, so leased as afore-
said.

Sec 8. It shall be the duty of the superintendent when- To account'
ever any lease shall be taken by the authority of this act, to with the audi*
furnish the auditor with a true copy thereof, and to ac- [^general
count with the auditor and pay over to the treasurer on assembly
the first Monday of December annually, all monies accru-
ing to the state, from the said saline, whether by lease or
otherwise; and shall further, on or before the tenth day of
every regular session of the general assembly, make a full
and complete report of all matters and things relating to
the said saline.

Sec. 9. Andrew Frazier, shall within three months af- Frazierto
ter taking his lease, erect, or cause to be erected and kept erect a ferry
up, a ferry across Saline creek, at Island ripple, the rates
to be fixed by the county commissioners; and when estab-
lished, he shall in all respects be governed by the act reg-
elating ferries. If he shall neglect or refuse to establish

bb*4

SCHOOLS.

certain farm

one, the county commissioners may take possession of the
place for the purpose, and erect one on application or oth-
erwise.

Sec. 10. The superintendent may occupy the farm free
Sunerinten- of rent, on the lot lately occupied by Street and Lafferty;
dent to occi py anc| \\e may be absent on business a reasonable time,leav-
mg an agent to act for him at his own risk and expense.

Sec. ! 1. From and after the first day of August next,
all salt sold by any lessee, or any other person selling at
any of the works,* shall be weighed in scales by standard
weight.

Sec. 12. Timothy Guard, is hereby released from the
excess of rent by him covenanted to be paid as lessee, of
lot number two, of the Gallatin county saline, over and
above five hundred dollars per annum. All laws incon
sistent with this act are hereby repealed.

[Approved, Feb. 2, 1827.]

T. Guard re
leased

SCHOOLS.

Laws repealed

Settlement in
two counties

n^lSr**** ^^ ACT amending the act providing for the establishment
of Free Schools, approved January 15, 1825, and for oth-
er purposes.

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That so mueh of the
act entitled "An act providing for the establishment of free
schools," approved January 15, 1825, as requires that all
school districts shall contain not less than fifteen families,
be and the same is hereby repealed.

Sec. 2. When any settlement shall be partly in one coun-
ty and partly in another, it shall be lawful for the inhabi-
tants of such settlement, to make application for a school
district to the commissioners' courts of both counties; and
if such district shall be granted, and a school kept accord-
ing to the provisions of this act, and the act to which this
is an amendment, the treasurer of such district si ill draw
from the county treasury of each of said counties, the pro-
portion of school money due to that part of the school dis-
trict, which shall lie in said county.

Sec. 3. The legal voters of any school district, at their
1 ax how levied regular meetings, shall have power in their discretion, to
cause either the whole or one half of the sum required, to
support a school in such district, to be raised by taxation.
And if only one half be raised by taxation, the remainder
maybe required to be paid by parents., masters, and guar

SCHOOLS.

dians, in proportion to the number of pupils which each of
them shall send to such school.

Sec. 4. No person shall hereafter be taxed for the sup-
port of any free school in this state, unless by his or her n0 person shall
own free will and consent, first had and obtained, in wri- be taxed with-
ting. And any person so agreeing and consenting* shall out hl8 conseQt
be taxed in the manner prescribed in the act to which this
is an amendment. Provided, that no person shall be per-
mitted to send any scholar or scholars to such school, un-
less such person shall have consented, as above, to be tax-
ed for the support of such school, or by the permission of
the trustees of said school: And provided, that all persons
residing within the limits of a school district, shall, at all
times, have the privilige of subscribing for the support and
establishment of any such school.

Sec. 5. The rents and profits of any school lands with- Rents of school
in the boundaries of any township, are hereby assigned lands
and appropriated, under the superintendence of the trus-
tees, to the use and benefit of any school established there-
in; and if there be more than one school established in
such township, then the rents and profits aforesaid shall
be divided between them: Provided, that if the trustees'
of said township cannot agree in making a proper division
of said rents and profits, then it shall be the duty of the
county commissioners' court to make the apportionment
thereof. But in either case a school established under
this act, shall only receive so much of the rents and pro-
fits of the sixteenth section, as shall amount to their equal
share, computing the whole number of the inhabitants of
the township.

Sec 6. The treasurer of each school district, shall re-
ceive any donation which may be offered by any person Donations, and
for the support of the school established in such district, r"Py0
either in money or any personal property; and where real
estate is donated, the same shall be made to the trustees
and their successors, for the benefit of the inhabitants of
the school district, and the same shall be applied under
the direction of the trustees; and any conveyance of real conveyance of
estate made under the direction of the qualified voters of ieat estate
the school district specially directed, shall be good and
valid; the avails always to be used for the use of such
school district. If any treasurer of a school district
shall embezzle or misapply any such donation, or any Misconduc.
^money which shall come into his' hands for the use of the ot treasurer
district, he shall forfeit and pay to the trustees of the
same, for the use of the district, to be recovered in any
court having cognizance thereof, treble the amount of the
money or property so embezzled or misapplied.

366

SCHOOLS AND SCHOOL LANDS.

School fund
may be vested
id warrants.

Sec. 7. The commissioners of the school fund, are
hereby authorized to purchase with the school fund now
on hand, or which may hereafter come into their hands,
state paper and auditor's warrants, on the best terms they
can, and consolidate the warrants, if necessary, and se-
cure the requisite evidence of claim on the treasury as
Aets repealed *neJ sna'^ deem right. The proviso to the second section,
all the eighteenth section, and such other parts-of the act
to which this is an amendment, as are inconsistent with-,
or repugnant to this act, are hereby repealed. This act
shall take effect from its passage.

[Approved, Feb. 17, 1827.1

In force May 1,
1827.

Trustees to be
appointed

Term of ser-
vice

Declared a bo-
dy corporate

Oath

Their power
and duiit-s

To survey sec-
tion 16

SCHOOLS AND SCHOOL LANDS.

AM ACT relating to the School Lands,

Sec 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That the county com-
missioners court, in each county, shall, at their June term
next, or as soon thereafter as may be, appoint three trus-
tees in each township where they deem it expedient, and
where the population thereof will admit, to be called the
trustees of the school lands; said court shall fill vacancies
that may occur in said board of trustees; and said trus-
tees, when appointed, shall hold their office for four years,
and until their successors are appointed and qualified
to office.

Sec. 2. Said trustees shall be a body politic and cor-
porate, and may sue and be sued by the name and de-
scription aforesaid, in any court in this state. They shall,
before entering upon the duties of their office, take an
oath well and truly and faithfully to execute the duties
of trustees of the school lands for said township, so far as
relates to the sixteenth section thereof, according to
law, agreeably to the best of their understanding; which
oath shall be administered by some justice of the peace,
and shall be endorsed on their certificate of appoint-
ment.

Sec. 3. Said trustees shall, within six months after
their appointment, where the same has not heretofore
been done, and where the said trustees may deem it exip
pedient, shall survey, or cause to be surveyed, under their
direction, section number sixteen, in said town, or such
other lands as may have been selected in lieu thereof, or
such parts thereof as they may deem expedient, into lots

SCHOOLS AND SCHOOL LANDS. 3,6?

of not less than forty nor more than one hundred and six- and subdivide it

ty acres, and make a plat of such survey, and return a

copy thereof to the county commissioners' court of said

county. Said trustees shall select such lot or lots of said

section, or other lands selected in lieu thereof, as they

may think proper to reserve from use, for the benefit of the

timber, stone, or stone coal thereon, a certified copy of

which shall be returned to the county commissioners'

court, aforesaid, and kept for the inspection of all persons

interested.

Sec. 4. The lot so selected, shall be preserved for the Timber hoyr
benefit of the timber, stone, and stone coal thereon; preserved
which timber, stone, or stone coal, shall not be used
while there is a sufficiency on the lots leased, or that
may hereafter be leased: Provided, that the trustees may,
when necessary, permit the lessees to use the timber,
stone, or stone coal, upon the lot or lots so selected as
aforesaid.

Sec. 5. The trustees, or a majority of them, shall have Viay lease fo-
power to lease any of said lots, except such as may be re- tenjears
served as aforesaid, to any person or persons wishing to
lease the same, for such term of time as they may think
proper, not exceeding ten years, and upon such terms as
they may think most conducive to the interest of the
township: Provided, that said trustees shall advertise the
leasing of such lands for at least four weeks, in four of the
most public places of the township, previous to the mak-
ing any lease; and said trustees shall lease said lands to Ontheb^-
the persons offering the best terms; and shall, or a ma- terms
jority of them, make and execute leases to the persons to
whom they may let such lands: said leases shall be con-
ditioned to use the lauds in a husband-like manner; and
not to commit or sufFer waste thereon, and to pay said
trustees, at the end of each year, the amount of money
or rent agreed upon in said lease.

Sec. 6. If any lessee, his, her, or their heirs or assigns, r,es3ees com-
or any other person or persons, shall cut down or destroy mining waste

any more timber than may be necessary for the improve-
ment and cultivation of the lot so leased; or shall do any
damage to said leased premises, or commit any unneces-
sary waste thereon, ur cut or take from off" the same, any
timber from the lot so reserved, without first obtaining
the order of the trustees of such township; every such
I^^Jessee, or person claiming under him, and all other persons
poiFendh'.g, shall be liable to the said trustees in an action
of damages; and every lessee violating the provisions of
this act, upon conviction thereof shall forfeit his or hei
lea^r ,

liable to an ac
tion

36* SCHOOLS AND SCHOOL LANDS,

Sec. 7. The trustees of each township are hereby au-
wSpL. tborized a»d required, within three months after they
menu shall be appointed and qualified to office, to value and ap-

praise the improvements made by individuals, (the said
individuals residing thereon,) where such appraisement
has not already been made, upon section number sixteen,
in their respective townships, or on lands reserved in lieu
May give per- thereof; and the said trustees shall give such individual a
mits certificate of the valuation and improvement, and a writ-

ten permission, under the hands of such trustees, author-
izing such individual to remain upon such improved land
and cultivate the same, for such term of time not exceed-
ing five years, as said trustees shall think reasonable, hav-
ing regard to the valuation and appraisement as aforesaid,
and taking into view the probable amount of the rents.,
and profits to accrue, so that the same may be equal to
such valuation and appraisement.

Sec. 8. No permission shall be granted to any one per-
Bond required son g0 as t0 interfere with the improvement made by
another, nor shall any such permission be granted until
the person requiring the same, shall enter into bond with
security to the trustees, and their successors in office, in
the sum of three hundred dollars, conditioned that such
person shall not commit any waste, or suffer any damages,
to be done the premises, and that such person will leave
the premises, at the expiration of the term, in as good
repair as the same was in when such permission was V
granted.

Sec. 9. When any township lies partly in one county
and partly in another, or others, the business of said town-
ship, so far as relates to the school lands therein, shall be
transacted under the discretion of the commissioners"
court of the county which contains the greater portion of
the school lands in said township.

Sec. 10. The said trustees shall have power whenever
Trustees may they deem it expedient, to appoint and discharge at pleas-
aiiiUreasuver ure< a clerk and treasurer* The clerk shall record the
official proceedings of the said trustees, file and preserve
Theirduties surh papers as they may direct, and furnish the treasurer,
from time to time, with a statement of the debts arid
moneys which such treasurer may be authorized to re-
ceive. Such clerk shall, on the first day of the county
commissioners' court, at their June term, annually, trans-
mit a copy of the proceedings of said trustees, of the pastB
year, to said court. The treasurer shall give bond, in
such penalty as the trustees shalr-prescribe, with approved
security, payable to them and their successors in office,
conditioned that the said treasurer shall faithfully perform

SCHOOLS AND SCHOOL LANDS. S69

the duties of his office, account for and pay over all mon-
ey? he may have in his possession, in pursuance of any
order given by a majority of said trustees. It shall be
the duty of said treasurer to receive all moneys due for
rent, or in any other way accruing to the school fund of
said township, to keep fair and regular accounts, and shall
exhibit his books to a majority of said trustees, whenever
they siiail require the same.

Sec. 11. It shall be the duty of said trustees, as soon Trustees to lay
as they may deem it expedient, and the school funds of oft' school dra-
said township will admit thereof, proceed to lay off the trins
township into school districts, having regard to the con-
venience of the inhabitants thereof, so that each district
shall contain not less than eighteen scholars, subscribed
or going to school; and the said trustees shall proportion
the funds of said school lands, made by leasing the same
according to the number of Scholars that may be going
to school in each district; which money shall be paid over
by the treasurer of the school fund, by order of the trus-
tees, to some person or persons appointed to receive the
same, by the parents or guardians of the scholars sub- A teachertobe
scribed, or going to school, in said district, and by them employed,
applied to the purpose of employing a school teacher:
Provided, that no township shall be laid off into school
districts, unless on the petition of a majority of the free-
holders of said township.

Sec. 12. That if any person or persons shall hereafter
trespass upon the school land, or sixteenth section, or oth- how'Sshed
er land selected in lieu thereof, appropriated for the pur-
pose of education, by cutting down, destroying, or hauling
from off the same, any timber, stone, or stone coal; every
person so offending, shall forfeit and pay double the value
of such timber, stone, or stone coal, to he recovered in
the i! ime of the trustees, before any court having compe-
tent jurisdiction thereof, or by indictment by the grand
jury, before the circuit court of the county, and to be ap-
propriated to the use of the township, for school purposes.

Sec. 13. When any township shall not contain twenty
white inhabitants, the county commissioners1 court of the Cpontyeomte

* to l^iKd CilH.F£S

county shall have power to manage and lease the school of school lands
lands in such township,in the same manaer,asit might be incerttin cases
done by trustees. In all cases in which the county com-
missioners of any county have heretofore leased any
.school land-, in consequence of there not being a sufficient
number of inhabitants within the township, such leases
shall be deemed as le^al and valid, as if the same were
executed by tru-tees duly appointed.

Sec. 14. Upon the death or resignation of any trustee,
47

S70

SHERIFFS.

tees

Compensation
to trustees &c

Death or rate- appointed under the provisions of this act, the survival'
" or survivors shall do and perform all the duties required
of such trustees until successors be appointed.

Sec. 15. The trustees, clerk, and treasurer, appointed
under the provisions of this act, for their services perform-
ed, shall be allowed a reasonable compensation, paid out
of the school fund of the township in which they reside^
as the county commissioners' court may direct, or as the
citizens of the township may otherwise provide for.
Sec. 16.» An act relating to the lands reserved for the

Att* repealed use of schools, approved March 2,1819; the act provid-
ing for persons settled on the school lands, approved March
24, 1819, are hereby repealed: Provided, that all leases,
surveys, and all other lawful acts, heretofore made by the
trustees of the school lands in each township; and all
trustees heretofore appointed that have discharged the
duties' of their office, shall continue in office for the term
of time, for which they were appointed; and all rights
acquired under the act hereby repealed, shall be of the
same validity, and shall be settled in the same manner as
though this act had not been passed. This act to take
effect the first of May next.

[Approved Feb. 17, 1827.]

SHERIFFS.

In force Jan.
24, 1827

AN ACT for the relief of Ex-Sheriffs.

Sec. 1. Be it enacted by the People of the State of Illinois^
v , ,ff represented in the General Assembly, That all sheriffs who

ai?ow^tocoS| have heretofore been in office in this state, on entering
lect taxes in av- into bond and security, in the manner now prescribed by
reavs law, tor sheriffs, shall be authorized to collect all taxes in

arrears, which accrued during the time they were sheriffs,
and they are hereby required to pay over the same with-
in nine months from the passage of this act, unless they
have already accounted for the same; and they are fur-
ther authorized to collect all costs of suits, and fees which
are due and owing to them, or where the same shall be
due and owing to any other person or persons, where
such sheriff has either paid or become liable for the same,
and account therefor, to the proper person, within nine
months from the passage of this act.

Sec. 2. Ephraim Hubbard, late territorial sheriff, if

{^raimHub~ hereby authorized to collect the fee hills which were

placed in his hands by Joseph M. Street, and for whicfr

SHERIFFS AND CORONERS* an

s.aid Street has recovered judgment against said Hubbard;
and said Hubbard, as well as the persons intended in the
first section of this act, are hereby invested, with the same
power to collect their several demands, as any sheriff now
has. [Approved, Jan. 24, 1827.]

SHERIFFS AND CORONERS.

In force /uc£

AN ACT concerning Sheriffs and Coroners. 1, 1827.

Sec. 1. Be it enacted by the People of the State of Illinois, How gn>ffsan(»
represented in the General Assembly, That whenever any coroners shall
sheriff or coroner shall be elected for any county iu h* commission*
this state, and return of the votes made to the secretary
of state; the governor shall commission such sheriff or
coroner to continue in office for two years, which com-
mission shall be transmitted, by the secretary of state, to
the clerk of the circuit court of the proper county ; whose
duty it shall be to give immediate notice to such sheriff
* or coroner, of the receipt of his commission.

Sec. 2. Every sheriff or coroner elected as aforesaid,
on receiving notice of his commission, shall, within thirty They shall en-
days thereafter, enter into a bond to the people of the termtoboad
state of Illinois, with good and sufficient security, to be
approved of by the judge of the circuit court of his coun-
ty, at the term next after the date of such bond, the sher-
iff in the penal sum of ten thousand dollars, and the co-
roner in the penal sum of two thousand dollars, condition-
ed for the faithful discharge of all the duties required or to
be required of him by law, as sheriff or coroner, (as the case
may be) and shall also, at the time of giving such bond, take
and subscribe before the clerk of the circuit court, the sev- *nd be qualified
eral oaths required by law ; and an oath for the faithful
performance of the duties of his office: Provided, that if
no circuit court be held within thirty days after notice of
such commission, as aforesaid, the clerk may approve the
bond required as aforesaid; which bond, in that case,
shall be good and valid, until the end of the next suc-
ceeding circuit court.

Sec 3. The oaths so taken, and bond given by any
sheriff or coroner as aforesaid, shall be filed and recorded Oaths and bon^
y the clerk of the circuit court; and the taking and ^rded* anri
ubscribingof the oaths, shall be certified by him on the
back of the commis>ion,and a certified copy of such bond,
under the seal of the court, shall be evidence in all courta
in this state.

372

SHERIFFS AND CORONERS.

Neglect to give
bond, 6ce.

Office to be va
cated, and

■writ of election

issue

Du'v of sh'ffs
and coroners

Ther shall be
conservators o:
the peace

Sh»ff to attend
circuit court

uty of coro-
nal m relation
to dead persons

When he shall
act as sheriff

Sec. 4. If any sheriff or coroner, elected as aforesaid,
Bnaii neglect or reiuse to enter into bond and take the oaths
above required, within the tunc above speuhed,or if any
bond approved by the clerk as aforesaid, shall be disap-
proved by the juuge of toe circuit court; and such sheriff
or coroner snail not, during the term ot the court, procure
such security as the judge shall approve, in ail such cases
tue office shall be deemed vacant; and the clerk thai) imme-
diately notify the governor of such vacancy; and it shall
be the duty of the governor to issue a writ ol election,
and direct the time of holding the same; which election
shall be proceeded in as other cases of election.

Sec 5. It shall be the duty of every sheriff and coro-
ner, when qualified as aforesaid, to execute and return all
writs, warrants, process, orders, and decrees, of every de-
scription that shall or may be legally directed and deliv-
ered to him, within the limits of his county, under pain
of contempt of the court from which such writ, warranty
process, order or decree may have issued; and tor the
service of such process, and ibr keeping the peace, such
sheriff or coroner may call to his aid the power of the
county, when necessary.

Sec 6. The several sheriffs and coroners shall be con-
servators of the peace in their respective counties, and
keep the same, by causing all ollenders, on view, to be
committed to prison,. and to enter into recognizance to.
keep the peace, and appear at the next circuit court, and
shall return all such recognizances to the next circuit court;
and it shall also be the duty of all sheriffs and coroners
to suppress all riots, routs, affrays, lightings, and all crimes,
and breaches of the peace, and to do and. perforin all such
other duties, as arc or may be required of them by law.

Sec 7. It shall be the duty of the sheriff of each
county, to attend all circuit courts, and courts ol county
commissioners, in his county, at the terms and sessions of
such courts; and he shall have the custody and care of
the court house and jail.

Sec 8. It shall be the duty of the coroner, to take in-
quest of violent or casual deaths happening in his county,
or where the body of any person coming to such death
shall be found in his county; and shall make return of
such inquest to the circuit court; also to serve all
writs and process, when trie sheriff shall be a party to the
suit; or when it shall be made to appear by affidavit, filed
with the clerk who issues the process, that the sheriff is
interested in the suit, or related to either party; and in
case of a vacancy in the ofiice of sheriff, by death, resig-
nation, removal, or otherwise, the coroner shall do and

SHERIFFS AND CORONERS. 373

perform all the duties pertaining to the office of sheriff,
receive the proper fees and emoluments, and be liable to
the same penalties and proceedings, as it he were sheriff,
until juch v acaucy shall be rilled, by the election and quali-
fication of a new shei id*: Provided nothing herein contain-
ed, shall prevent any sheriff wuose term has expired,
from continuing to perform toe duties of the office, until
his successor be qualified as is hereinafter provided.

Sec. 9. It shall be the duty of eacii and every sheriff ot .,

- ... t*i -.* _«*u a i_ Shall settle for

in t.ns state, to make a settlement with the county commis- Co revenue

sioners' court of his county, for tne taxes and moneys by

him collected, or due the county, at tne Decemoer term

of sucfi court, annually; and lie shall settle and account for state reve-

V wild the auditor of public accounts, for all taxes and nue

pu die moneys due the state, as required by law. And if and procurfc

any person snail Hereafter be elected sheriff of any coun- quietus

. ty in this state, who has been sheriff of any county of the

late territory of Illinois, or of this state, and who shall, at the

time of his election, be in arrear to the state or county

for taxes, or other public money, such person shall not be

commissioned: and wuere any such former sheriff shall

" e eiected, and shall not, within thirty days after his elec-

on, produce to the governor a quietus from the proper in default

officer of his county, and from the auditor of public ac- thereof the

counts, for all moneys or revenue with which he shall be, §ove,nor to.or-
, , , 1 , .-c /-.-.. ' tier an election

at the time, chargeable, or a certificate of his having ten-
dered the amount, the governor shall order a new elec-
tion, as in case of neglect to qualify, or refusal to serve.

Sec 10. No sheriff or coroner shall become the pur- 0.^0

, ,. , . r Sh'ffSo coroner

chaser, nor procure any other person to become the pur- not to be pur-
chaser for him, of any property, real or personal, by him chasers at sate*
exposed to sale, by virtue of any execution or other pro-
cess; and all such purchases made by any sheriff or co-
roner, or by any other person in his behalf, shall be abso-
lutely null and void.

Sec 11. It shall be lawful for any sheriff to appoint
a deputy or deputies; which appointment shall be in wri- Appointroe c
ting, filed in the office of the clerk of the circuit court, ° epuue9
and entered of record; and any deputy when so appoin-
ted, and having taken and subscribed the several oaths re-
quired to be taken by the sheriff shall be, and is hereby . .
authorized to perform any and all of the duties required
of the sheriff' in the name of the sheriff; and the sheriff
shall be liable for any neglect or omission of the duties of
IjSis officer, when occasioned by any such deputv, in the ^,, . . .
same manner as tor Ins own personal neglect or omission. 0r misconduct
And any bond or security taken by any sheriff from his
deputy, to indemnify such she riff, shall be good and availa-
ble in law.

374

SHERIFFS AND CORONERS.

Sh'ffs to con-
tinue until su-
perseded

Notice of aucr
oessor

Former sh'fFto
deliver papers

court house and
ml

Collections to
be made by
'ormer sli'ffs

Neglect to pay
over money
collected

Sec. 12. Whenever the office of any sheriff shall have*
expired, by the constitutional term of two years, it shall
be lawful for the same person, whether re-elected or not,
and his deputy or deputies to continue to perform all the
duties of sheriff, until his successor shall be commission-
ed and qualified, as is hereinbefore required. And when-
ever any sheriff shall go out of office, and his successor in
office shall be qualified as aforesaid, the clerk of the cir-
cuit court shall issue a notice in writing, stating that the
sheriff elect, has been commissioned and qualified accord-
ing to law; which notice shall be served by the new sher-
iff, and the former sheriff shall thereupon transfer and
deliver to the new sheriff, all the writs, process and papers
belonging to his office except as is hereinafter excepted ; and
also the possession of the court house and jail of his coun-
ty, and shall take from the new sheriff a receipt, specify-
ing the paper? so delivered over, and the prisoners in cus-
todv,if any; which receipt shall be sufficient indemnity to
the person taking the same.

Sec. 13. Every sheriff going out of office, at the expi-
ration of his term, and having any writ of fieri facias, or
fee bill, which he may have levied, but not collected, or
any tax list uncollected, shall be, and is hereby authoriz-
ed to proceed on and collect such execution, fee bill or
tax list, in the same manner, as if his term of office had
not expired; and any sheriff who has heretofore, or who
may hereaft r pay and advance the taxes assessed against
any person, may proceed to collect the amount of money,
so paid and advanced, in the same manner, to his own use,
as if no payment had been made.

Sec. 14. If any sheriff or coroner shall neglect or re-
fuse, to pay over any money collected by virtue of any
execution, process, or fee bill, to any person entitled to
receive the same, or shall wilfully neglect the duty of
his office, to the prejudice or ii jury of any person or per-
sons, such person or persons may, on application to the
court, where the bond of such sheriff or coroner is filed
and recorded, and on sufficient cause being shewn, obtain
leave to prosecute the bond of such sheriff or coroner;
and the same proceedings shall be had thereon as in other
cases of bonds for the performance of covenants; and af-
ter judgment had, any person injured, and who would be
entitled to sue on said bond, on application as aforesaid,
may obtain a writ of inquiry of damages on such judg-
ment; and in every case when damages shall be assessed^
execution shall he issued for the amount of such damages
and costs, and collected for the use of the injured party;
or upon the failure of any sheriff or coroner alter demand

SHERIFFS AND CORONERS. S?t5

.made to pay over any money by him collected, by virtue
of any execution, process, or iee bill, to any person enti-
tled to receive the same, such person may proceed against
such sheriff or coroner, in a summary way, before the
circuit court, by motion, upon giving to such officer ten
days' notice of the application, and recover the amount
so neglected to be paid, with ten per cent, damages there-
on, for such detention, and shall have execution therefor:
Provided, that in all such cases, if the sheriff shall pay or sat-
isfy the amount claimed by the party prosecuting, with
costs, under the direction of the court, before final judg-
ment, or in any subsequent prosecution before inquest
found, all further proceedings on such bond, or judgment,
shall be stayed by the eo» .

Sec. 15. If any sheriff shall fail to settle with and pay
ever to the county commissioners' court, according to law, Failure to set-
any money which he may have collected or received, be- Jj^jj COUDty
longing to such county, it shall be lawful for the county
commissioners of such county to proceed against such
sheriff, in a summary way, before the circuit court, by
inotion, upon giving such sheriff ten days' notice of such
application, and recover the amount due such county,
with ten per cent, damages thereon, for such neglect, and
shall have execution therefor; or may proceed against
such sheriff and his securities for such delinquency, upon
his bond of office.

3Sec. 16. If any sheriff shall fail or neglect to settle
with the auditor of public accounts, according to law, and
pay over all money due the state from such sheriff, it shall rtWta-![h ^fi^
be the duty of the auditor to proceed against such sheriff, L '

by motion, either in the supreme court or in the circuit
court of the county where such sheriff shall reside, upon
giving to such sheriff, if the motion be made in the su-
preme court, twenty days' notice of the application, or
ten days' notice, if made in the circuit court: ar.d recover
judgment against such sheriff for the amount he may owe
the state, with ten per cent, damages thereon, and have
execution therefor: or may proceed in either court afore-
said, against such sheriff and his securities, upon his bond
of office. This act repeals "An act defining the duties Act9 repealed
of sheriffs and coroners of the stale of Illinois," approved
March 2, 1819, and all other acts and parts of acts re-
pugnant to this act; but rights acquired, or forfeitures
*fflcurred under those acts, are not hereby affected. This
act to take effect on the first day of June next.

[Approved, Feb. 12, 1827.]

376

In force Feb.
15, 1837

Defaulters may
renew their
notes, fcic.

Stay of execu-
tion

Persons here-
after making
default

Sh'ffs & clerks
lp be allowed
for fees

STATE BANK.

AN ACT amending the act establishing the State Bank.

Sec 1. Be it enacted by the People of the State of Illinois ,
represented in the General Assembly, That from and after
the passage of this act, it shall be lawful for any debtor to
the state bank ot Illinois, or either of ils branches, when
the debt is due by note or mortgage, and who has made
default in the payment thereof, or the regular instalment
or instalments, according to law; or against whom any
judgment has been rendered, for any debt due the bank
or branches, and has not paid the same, to pay the instal-
ment or instalments that have fallen due, or may have
fallen due at the time of applying for renewal, interest
and all costs, and upon so doing, to renew his note or
mortgage, in the manner now provided by law; and if
judgment has been rendered, the competent officer shall
enter satisfaction of such judgment, when the previous j
requisites of this act are complied with. Upon such re-
newal, competent security shall be taken, as heretofore.

Sec. 2. No execution shall issue upon any judgment ill
favor of the state bank of Illinois, against any debtor of :?
said bank, within three months from the passage of tins
act.

Sec 3. Hereafter, any bank debtor, who shall, at any
time, make default in payment, may renew his note or
mortgage, at any time before the same is collected upon
execution, upon paying to the proper cashier, or his agents,
the instalment or instalments, interests, commission anil
costs, that may be due at the time of such renewal; and
upon such renewal, the competent officer shall return the
execution, (if one shall have been issued,) satisfied; stat-
ing that it is satisfied by the renewal of the debt to the
bank, by the defendant.

Sec 4. Tt shall be the duty of the cashier of the prin-
cipal bank and the cashiers of the branches thereof, re-
spectively, on the application of any sheriff, clerk, or oth-
er officer, who may be indebted to the state bank, or
either of its branches, and in whose favor fees have accru-
ed, in suits instituted in behalf of said bank or ils branch-
es against individuals, to liquidate the same entirely, if
such fees be sufficient to discharge the bank debts of such
officer, and if not, to credit the amount of such fees on
the note or notes of such officer as aforesaid; and in
case any such officer shall not be indebted to the said bank
or its branches, then it shall be the duly of Ihe said cash-
iers to pay the fees of such officer; any law to the con-
trary notwithstanding.

[Approved, Feb. Id, 1827.1

STATE BANK. 377

AX ACT to amend the act establishing the State Bank of in force Feb.
Illinois. '

Sec. 1. Be it enacted by the People of the State of Illinois
represented in the General Assembly, That the cashier of the ,

state bank of Illinois, shall hereafter receive a salary of five
hundred state paper dollars per annum, and no more; and
the cashiers of the branch banks respectively, shall re-
ceive a salary each, of the sum of four hundred state pa-
per dollars per annum, and no more. And the cashier of
the branch at Shawneetown, Thomas L. Posey, shall, so
soon as practicable, arrange and bring up the books with
^ all possible care and accuracy, and for that purpose, may
employ an assistant.

Sec. 2. Hereafter the said cashiers, respectively, shall C°"sti;nggent e2CU
\ not pay out any moneys for contingent expenses, until the pen'
\, same shall be allowed, and an appropriation made there-
for by law; and if any cashier shall pay out any money
contrary to the provisions of this act, he shall forfeit and
pay double the amount so paid out by such cashier, to be
recovered by action of debt, or on the case, in the name
of the people of the state of Illinois, for the use of the
state, in any court having jurisdiction thereof. And it
shall be the duty of the attorney general or circuit attor-
ney, of the proper circuit, upon the commission of such of-
fence, to prosecute for the same.

^Sec. 3. Hereafter the president of the state bank of Presidents sata.-
^Illinois shall not receive any salary or compensation for ryHbol,SQed
his services, whatever.

Sec. 4. If any cashier now in office, shall be succeeded Cashiers going
in his office, he shall deliver over to such, his successor, all iiver bookg ^c
books, furniture, papers, property, state paper, or gold and
silver, belonging to the bank of which he is cashier, under
the penalty of double the amount of the value of such
books, papers, furniture, property, state paper, or gold and
silver, as he shall not deliver over to his successor, to be
recovered by action of debt, or on the case, in the name of
! the people of the state of Illinois, to the use of the state,
in any court having jurisdiction thereof; and the court
rendering such judgment, shall imprison the defen-
dant, until the penalty and costs are paid; and it shall be
the duty of the attorney general or circuit attorney, of the
njoper circuit or district, to prosecute for the same, upon
his own knowledge, or the information of others.
I Sec. 5. All notes due any of the banks, under the sum ^e09Um^
>ifof one hundred dollars, the cashier shall cause to be col-
1 lected by s«ime justice of the peace. neposites im?

Slc. 0. Hereafter it shall not be lawful for the cashier allowed
48

"378

STATE RECORDED

of the state bank, to receive money, state paper or funds
of any kind, from individuals, on deposile for safe keeping
or otherwise, other than the funds of the bank, school fund
and state. And said cashier is hereby directed to give
notice as soon as practicable in the Illinois Intelli-
gencer, at Vandalia, to be continued for six weeks, to all
persons having funds deposited in said bank to take the
same away; and should the same be not taken out by the
first day of December next, 1827, notice having been giv-
en as above stated, it is hereby declared and made known,
that the state will not, in case the same be lost or destroy-
ed, be accountable or forthcoming for the same.

Sec. 7. It shall be lawful for the cashier of the state1
When cashiers bank of Illinois, or the cashiers of either of the branches
of the said bank, and it is hereby made their duty, to pur-
chase for the state, all real estate which may be offered for
sale, to satisfy any judgment obtained by the state bank,
which cannot be sold for the amount of such judgment,
interest and costs: Provided, that in the opinion of the
cashiers, the property so offered, shall not sell for two
thirds of its value.

Sec. 8. It shall be lawful for the cashier of the slate
bank or the cashiers of either of the branches of said bank,
within one year after such real estate may have been sold,
to satisfy any judgment, in favor of said bank to redeem
the same for the state: Provided, that such real estate
shall not have sold for the amount of any such judgment,
interest and costs, and that in the opinion of the cashiers,
such property was not sold for two thirds of its value at
euch sale. [Approved Feb, 13, 1S27.]

tfi'riy purchase
lands

To redeem
them for the
state

STATE RECORDER.

In force Feb. AN ACT establishing a Recorders Office for the State,

12,1827 S -" J

Sec. 1. Be it enacted by the People of the State oj Illinois
represented in the General Assembly, That there shall be es-
tablished a recorders office for this state, to be kept at the
seat of government.

Sec. -2, There shall be elected by the genera] asscm-

Recorder to be bly at its present session, a recorder to lill said office, w4io

elected, &c. g^jj g«ive Don(j an(] security for the faithful discharge-of

his duties, and take the like oath as is required by law in

other cases of recorders.

Sec 3. All the deeds and title papers of non-residents
of this state, for lands tying in this state, may be recorded

STATE RECORDER. 37&

in said office, and when so recorded, shall have the same What deeds re
force and effect as though said deeds or title papers were ^^d ,nhls
recorded in the county where the lands arc situated.

Sec. 4. Said recorder shall annually, o i the first of Oc-
tober, make out an abstract for each county, of all deeds Abstracts to be
and title papers for lands recorded in his office, which may made
lie in said counties respectively, particularly describing
therein the names of the parties, the date of such deeds,
and the lands thereby conveyed; and shall transmit by
mail or otherwise, the said abstracts to the recorders of
each county, and if by mail, the state recorder shall pay
the postage: Provided, that for such abstracts as afore-
said, said recorder shall receive no fee whatever, and the
county recorders shall file the same in their offices for the
benefit and inspection of all persons who may wish to
examine the same.

Sec 5. Said recorder shall procure a book, or books, Recorder's du-
suitable for said office, in the same manner, and shall be ty
governed in all respects in the recording of deeds, and shall
be subject to the like penalties, and shall receive the same
fees as is provided by law for county recorders.

Sec. 6. Said state recorder is hereby authorized and
required to obtain from the several recorders' offices ^J*^* from
in which deeds and title papers of military bounty lands ders
in this state, have been or may be recorded, abstracts of
said deeds and title papers, containing the names of the
grantors and grantees, the date of the deed, the place
where, and time when the same were executed; the time
when, and county in which it is recorded; the number of
the book and page containing the record; the description
of the tract of land, and the name of the patentee, if the
same is expressed in the deed or title paper. The afore-
said county recorders are hereby required to permit said
state recorder, or any person employed by him, to have ac-
cess to the records in their respective offices, for the pur-
pose of making out abstracts as aforesaid; and ever after-
wards, they shall once in three months make out and trans-
mit by mail or otherwise, abstracts of all deeds and title
papers of military bounty lands, recorded in their respec-
tive offices, which shall not have been previously obtained
by the state recorder; for which service, said county re-
corders shall be entitled to receive from the state recorder
£ire sum of six cents for each tract described in the ab-
stracts transmitted by said county recorders. Said state
recorder shall provide suitable books, in which he shall co-
py said abstracts, arranging them according to the situation
of ihe lands, beginning with the lowest number of range,
hip, and section, commencing with the lands south of

380 VANDALIA LOTS

the baseline, and ending with those east of the fourth ^m^
cipal meridian. He shall leave at the end of the attracts
belonging to each township, a sufficient number of blank
pages to admit of abstracts of deeds and title papers to be
Recorder's fees hereafter recorded. When said books shall have been
fw search completed as aforesaid, the state recorder shall be entitled
to receive from every person searching the same, twelve
and a half cents for each tract sought for; and when the
recorder shall make the search, he shall be entitled to re-
ceive from the person applying for the same, fifteen cents
for each tract sought for. This act to take effect from
'and after its passage.

[Approved, Feb. 12, 1827.]

VANDALIA LOTS.

la force March AN ACT for the relief of purchasers of town Lois in Van-

«.■«» Liia. -

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all persons who
Ihscount allow- have heretofore purchased anj in-lot or out-lot in the
town of Vandalia, shall bt allowed a discount of fifty
per cent, from the amount due from any such person, for
Proviso any such lot or lots: Provided, such person shall, on or be-

fore the last day of October next, make full paymeptof the
residue of any such debt; judgments against the state for
Perryville lots, shall be receivable in payment, for lots in
Vandalia, heretofore sold, or hereafter to be sold, but no
discount shall be made on payments made in such judg-
ments.
Where one ^ec. -• Any person being the present owner of two

tenth is paid or more lots, in the town of Ynudalia, on each of which
may relinquish \0±s one tenth part, at least, of the purchase money has
been paid, shall be permuted, at any time before the last
day of October next, to relinquish to the stale, one or
more of said lots; and to have the payments which have
been made on the lots so relinquished, applied to the pay-
froyiio ment of the debt due on the lot- or lots retained: Provided

such person shall, at the time of making such relinquish?-
ment, pay into the state treasury, whatever sum may then
remain unpaid to the state, upon the lot or lots so retain-
ed. No discount shall be allowed, on payments made by
relinquishment; but on any sum paid in cash to complete
such payments, a discount of fifty per cent, shall be ai-
I "ed«

VENUE. 381

bEc. 3. All in-lots and out-lots, in said town of Vandalia,
which now belong to the state, and such as may hereafter The state loti
be relinquished to the state, shall be re-valued under the
direction of the auditor of public accounts, on the first
Monday of May, annually, or as soon thereafter as may
be, and at such other times as the said auditor shall deem
necessary; and said auditor shall sell the same, at the
price so fixed, for ready money, to any person applying to
him for that purpose.

Sec. 4. It shall be the duty of the governor, on the
certificate of the auditor that full payment has been made, Gov.to make
for any in-lot, or out-lot, in said town of Vandalia, to ex-
ecute to the purchaser of such lot, his heirs oi assigns, a
deed, in fee simple, for the same.

Sec. 5. All acts, and parts of acts, coming within the Actg alefl
purview of this act, are hereby repealed. This act to
take effect on the first day of March next.

[Approved, Feb. 14, 1827.]

VENUE.

AA' ACT to provide for changing the Venue in civil and w*^3**'
criminal eases.

. 1. Be it enacted by the People of the State of Illinois,
V represented in the General Assembly. That if either party, x- ,

. ' .. . °. II > enue, whec

j in any civil cause, in law or equity, which may be de- Umaybechan-
' pending in any circuit court, shall fear that he will not ged in civil
receive a fair trial in the court in which the action is
pending, on account that the judge is interested or preju-
diced, or is related to, or shall have been of counsel for,
either party; or that the adverse party has an undue in-
lluence over the minds of the inhabitants of the county
wherein the action is pending; or that the inhabitants of
such county arc prejudiced against the applicant, so that
he cannot expect a fair trial; such party may apply to J*ow to apply
the court, in term time, or the judge thereof, in vaca-
tion, by petition, setting forth the cause of the applica-
tion, and praying a change of venue, accompanied by an
affidavit, verifying the facts in the petition stated; and
^feuch court or judge, reasonable notice of the application
/having been given to the other party or his attorney, shall
I award a change of venue to some county where the causes
complained of do not exist; and in all such cases where
-the judge is interested or is related to, or shall have been
of counsel for either party, the court in term time may

83:2 YENUE.

award a change of venue, as aforesaid, in their discretion,

without any application from either party: Provided, that

neither party shall have more than one change of venue.

Sec. 2. That when any defendant in any indictment

When in crim- or information, in any court in this state shall fear that he

cases wjjj not recejve a fajr ancj impartial trial in the court in

which the trial is pending, on account that the judge is

prejudiced, or that the minds of the inhabitants of the

county wherein the trial is pending are prejudiced against

^pplyTor10^ him? SUCn Part> mdy aPP^ t0 the C0Urt ifl term time> 0r

the judge thereof in vacation, for a change of venue by
petition, setting forth the case of such application, verified
by affidavit, reasonable previous notice being given, to the
attorney general, or circuit attorney, prosecuting for the
district, and the court or judge shall award a change of
venue to the next nearest county where the causes com-
plained of do not exist, and in case ihe applicant be in cus-
tody, or confined in jail, the court or judge shall make an
order to the sheriff to remove the body of such applicant,
to the common jail of the county, to which the venue is
changed, and there deliver him to the keeper of said jail/
togetner with the warrant by virtue of which he is confin-
ed, or held in custody, not more than three days, next be-
fore the first day of the term of said court, and the sheriff
Sh'ffsriuty shall obey such order accordingly, and shall endorse on
such warrant of commitment, the reason of change of
custody, and shall deliver such warrant, with the body tof
the prisoner, to the keeper of the jail of the proper coun-
ty, who shall receive the same, and give to the sheriff a
receipt therefor, and- shall take charge of and keep the
prisoner, in the same manner as if he had originally been
committed to his custody : Provided, there shall be but one
change of venue in any criminal case.
, , , „ Sec 3. When any iudge shall award a change of ve*

warding a ' nue, in vacation, in any cause, civil or criminal, lie shall
jshange in *a- immediately transmit to the clerk of the court wherein
cadou the cause is pending, the petition and affidavit, together

with an order, in writing, ordering and directing the
Clerk's duty change of venue, and such clerk shall file the same in his
office, and shall make out a copy thereof, and a full trans-
cript of the record and proceedings in such cause, and
shall certify and transmit the same to the proper court,
together with all papers filed in the cause, and appertain-r
ing or forming part of the record, including, in criminal
cases, the indictment and recognizance of the party, and
all witnesses; and the clerk of the court, to which such
cause is certified, shall file the same; and the cause shall
be docketed, by such clerk, and shall be proceeded in and

VENUE. 893

determined by the r ourt, in all things, as well before and
after judgment as if it had originated therein.

Sec. 4. When any change of venue shall be granted,
in term time, the like proceedings shall he had, and duties 9lk &sh'&
performed, by the clerks and sheriffs, respectively, as in duly
the preceding section: Provided, no change of venue shall Proviso
be granted, in any criminal case, until after indictment
found.

Sec. 5. The expenses attending a change of venue,
in a civil case, shall be taxed by the clerk of the court Expenaeaot
from which the cause is certified, according to the rates paid86
established by law, for like services, and shall be paid by
the petitioner, and not taxed as part of the costs in the
suit; and if the petitioner shall neglect or refuse to pay
the same, to such clerk, within fifteen days after the
change of venue is awarded, such clerk may make out a
fee bill, against such petitioner and his security, for costs,
.(if any,) and deliver the same to any sheriff of any coun-
ty in this state, who shall lew and collect the amount of
such fee bill, and twenty per cent, thereon, for the use and
benefit of such clerk, in the same manner as on execu-
tions; and such sheriff shall be entitled to like fees as on
execution: Provided, that where the venue is changed with-
out application from either party, the costs of such change
shall abide the event of the suit.
.Sec. 6. When the venue shall be changed in any crim-
inal case, the parties, witnesses, and all others, who may Witnesses to
nave entered into recognizances, to attend the trial of such attent,3 &c
cause, having notice of the change of venue, shall be and
are hereby required to attend, at the time and place the
trial is to be had, according to such change, and a failure
to do so, shall work a forfeiture of the recognizance.

Sec. 7. When the venue is changed in term time, in a
criminal case, the attorney general or circuit attorney, People'**}
shall have all witnesses on the part of the prosecution, re- to appear
cognized to appear at the court ou the first day thereof,
when the trial is to be had.

Sec. 8. In all cases where a change of venue shall be or-
dered in a criminal case, if the defendant shall he convic- After com-
ted, and imprisonment shall he a part of the judgment, lion, posonef
the sheriff of the county where such conviction shall be K^^oTty
had, shall immediately take such prisoner and convey him where the
Jo the county where the crime shall have been committed, ^JJJ'iw*8eopi
/and deliver him to the sheriff thereof, and take his receipt
therefor, who shall retain him in custody, according to
the judgment of said court; and all costs and charges in-
curred in removing any prisoner as aforesaid, shall be al-
lowed and paid out of the county treasury, where tbo

it-
zed

IC-

384

VENUE.

crime shall have been committed, if the defendant be una-
ble to pay the same.

Sec. 9. The act entitled "An act directing the mode of

Acta repealed changing the venue" approved February 23, T819, and the

act entitled "An act amending the act directing the mode

of changing the venue" approved February 3, 1821, be

and the same are hereby repealed.

[Approved, Jan. 23, 1 327.] "

(

INDEX.

ABATEMENT, PAGE.

Actions, death of parties not cause of » , •> 45

By single women, marriage not cause of ib.

Revocation of letters of administration not cause of 46

Death of plaintiff, when one or more survives, - ib.

Appeals, and Writ of Error, when allowed, - - ib*

Attachment, death of parties not cause of in, - 76

Non-joinder, of defendants, when not to be cause of - 45

Pleas in, to be sworn to -• - - - ib.

When insufficient, plaintiff to recover costs, - - ib.

Suits — against companies, non-joinder when not cause of, in ib.

In chancery, what will be cause of, in 92-3

ABDUCTION,

Of females under the age of eighteen years, how punished, 149

ABSCONDING AND ABSENT DEBTORS— see attachments 66
ACCOUNT,

Action of, to whom extended, - . • '- * ' • 47-8

Auditors to be appointed, 47

Defendant in, may be attached to render an - ib.

Appeal and writ of error allowed in - 48

ACKNOWLEDGMENT— of deeds of conveyance, see deeds,

" of defeasance, -

" Powers of attorney, -

ACCESSORIES— in crime, who are - - - 126

After the fact, ----- ib.
ACTIONS,

Of Account, - - - - 47-8

" Detinue, ----- 179-80

M Qui tarn, not included in the statute of jeofails, - 54

" Replevin, - ... 349-50

m Civil, not merged in the felony, ... 157

Limitation, of, in criminal cases, - -• - 167,277

in civil cases, , , 284-5

Penal, on bonds, may be assigned, - - - 314

ADULTERY AND FORNICATION,

How punished, - - - 148

How adultery will affect right to dower, - 185

AD QUOD DAMNUM — Not to bar prosecutions for nuisances, - 151

Writ of, see mills and millers.
ADVERSE TITLE— See conveyances.

ADVERTISEMENTS— Certificate of printer, evidence of publication, 48

By order of court, by whom paid lor - ib

By officers, in pursuance of law, how paid for ib.

AFFIRMATION— If false, subjects witness to penalties of perjury 127

AFFRAYS — How suppressed, and punishment for, - - 146

AIDING — Escapes of prisoners, how punished - - 143

ALIMONY— When allowed, - - -188

ALIP^NS — May hold real estate in the same manner as citizens, - 49

Widow of, entitled to dower, - - - ib.

AMENDMENTS AND JEOFAILS,

Misprision of clerks and sheriffs, amendable, - 49-50

Variance between certificate, and record, - ib.
May be made, before or after judgment upon verdict, niftil

died, or noa sum informaitu, • - 50

PA <V not to be impaired bv new en<rie3, - - ib.
49

3SG

INDEX.

AMENDMENTS AND JEOFAILS, (Continued.) PAGE,

Judgments, after verdict, not to be stayed by mispleading, . 50
Not to be reversed, for want of form, lack of averments, )

or certainty of allegations, \ &1

To be given without regard to imperfection in the papers, 52

By default or confession, when not to be reversed, 53

Special Demurrer, what will be cause of ib.

Writ of Mandamus, amendable, - - ib.

Qui tarn actions, not embraced in this act, - 54

In Chancery, - - - 93

APPEALS— In

•Attachment, ... . 78

Actions of account, 48

Applications to circuit courts, by executors to sell real estate, 202

From justices of the peace in criminal cases, - - 277

u " in civil cases, - - 266

" Judge of Probate, costs in - - 106

Circuit to supreme court, - - - 319

Mandamus, ... 287

Quo warranto, - - - 349

APPRENTICES,

Absconding, master's remedy against,
Complaints of, by whom heard, and how redressed,
Complaints of the masters of, by whom heard,
Covenants, what to be inserted, in indentures of,
Duty of the Judge of Probate, and Justices of the Peace, relative to,
How bound, by parents,
By guardians,
" Overseers of the poor,
" Executors,
if to more than one master, effect of,
a second time,

County commissioners to biud poor orphan; as
Embezzlement by, deemed larceny,
Indentures of, when void,
Not to be removed from the state,
Penalty for enticing away,
Surrender of, by master, how made,
Selling spiritous liquors to, how punished,
APPROPRIATIONS— Bridges on the bounty land, special for,

Partial, to the General Assembly of 1826-7
Special, for sundry persons,
ARBITRATION,

Actions and disputes may be referred to
Arbitrators, oath, compensation, and powers, - •

Award of, how rendered,

Copy and notice of, to be given opposite par

ty before entered,
for a thing other than money, how enforced,
procured by corruption, void,
Objections to, when made,
Judgments on, how rendered,
Witnesses before, how compelled to attend,
Compensation of,

When allowed by justices of the peace,
ARRAIGNMENT— of prisoner, what sufficient,
ARSON — defined, and punishment for,
ASSAULT — with intent to commit murder, punishment for,

Rape, do.

ASSAULT AND BATTERY— See See justices of the peace
ASSETS— what will be,
ASSIGNMENT — of errors in criminal cases,
Dower,

59
56-57

56 ,

54 .

59
310
136

156

60-2 (

62-3

63-4

64-5

65-6

66
265
161
133
132
132

102
166
183

INDEX. 387

ASSIGNMENT, (Continued.) - PAGE.

Gaming contracts, not to affect the defence * 23b

Actons on penal bonds, &c. - 314

Promissory notes, &c. see promissory notes,
ATTACHMENTS,

Against absconding and absent debtors, - *>«

Affirmation or oath to be made, before clerk of circuit court, 66

not required, when debtor was resident, at date of) 6g

contract, >

nature of, against non-residents • 67

against joint debtor?, • °*

may be made by agent - - 68

Bail, when defendant may put in, and plead - 71-2

Bond to be given by plaintiff, Jj9

Court may stay proceedings on, in certain cases, - 72

Declarat ion in, to be filed, - - 3^

Depositions in, how' taken, - "3!

Execution, to issue against attached effects, - 75

Executors and administrators, when and how to become parties in <6
Garnishee, proceedings against, - - 73-4

Discovery by, truth of, may be tried by a jury 74

Interpleader, third persons may interplead in - <5

interrogatories, when and how fileett>y plaintiff,
Justices of the peace, when they may issue writs of - 68

Property attached, when perishable, how kept, - 75-b

Sheriffs, remedy against, for taking insufficient bail, 71-2

Set-offs, when allowed in - - J7

Writ of, form of, how served and returned, - 67, by, vZ

Not to abate by death of the parties, - 76

When two or more are against the same defendants,) 77_g

each creditor to have his proportion, $

May be served in certain cases, on Sunday - -A-

Officers' duty in serving,
Writs of error and appeal, allowed in cases of
ATTORNEYS— When liable for costs, - - 103

ATTORNEY GENERAL,

His duty, and where to reside, - - <9-80

To attend Supreme Court, - - ib.

To prosecute impeachments, - - ib.

under the habeas corpus act - 243

appeals in criminal cases from justices of the) 276-7

peace, $

ATTORNEYS, STATES— How appointed, and their duties, - 80-1

To prosecute under the habeas corpus act, J243

" appeals in criminal cases, 276-7

AUDITOR OF PUBLIC ACCOUNTS,

Books of, evidence of sale, and redemption of land sold for taxes, 33i>

To advertise and sell non-residents' land for taxes, 325-6, & 334

Residents' do. do. in certain cases, 331

To make maps and descriptive books for the counties, 328-30

His duty relative to redemption of land sold for taxes, 327-8, 335, 340

to keeping accounts of revenue, 335-6

May procure abstracts from Land Offices, . . 328

To settle with sheriffs, for taxes of 1826, by August, 1827, 339

His duty relative to Saline Reserves— See Saline Reserves,

AUDITOR'S WARRANTS— When and how issued. . . 81-2

To be received for taxes, and debts due the state, 335

AWARD— See Arbitration.

UL SPECIAL,

Affidavit to be made, • • • £~

■■!. when suits may be brought on, • • 84

'-'''' ' riff\ liability of for taking insufficient . 83

383 INDEX.

BAIL SPECIAL— (Continued.) fA0&#

Sheriff, Duty of, to take special bail, -, . 83

How proceeded against, when bail is insuffi-> p~.

cient, and when held as special bail, \ *"4

Capias to hold to, when to issue, . . ,82

Death of principal, to be pleaded in bar, . . 86

Discharge, what will be a, . . .86

Exceptions to,\vhen ma.de, . . , .84

Remedy of, against principal, ... 86

Scire facias, against, not allowed in civil cases, . . 86

Surrender of defendant, when and how made, and effect thereof, 84-5

Special, when required, in actions before justices of the peace, 261

In action of Detinue, court may reduce the amount of 181

What necessary to charge 85

BAIL. — Amount of, in criminal cases, to be fixed by court, . 159

Prisoners, may be let to, after writ of error allowed, . 167

BAILEE — Conversion by, deemed larceny, . . . 136

BARRATRY— Defined, and how punished ... 144

BASTARDS— Concealing birth of, punishment for, . . 130

BENEFIT OF CLERGY— Abolished, . . . 158

BILLS OF EXCHANGE— Foreign, how protested and paid, . 87

Inland, how protested and paid, . 87

BILLS OF COST— When repleviable, . . 164,217

May go out before final judgment, in certain cases, 107

To go out with the execution, . . 219

BILL OF PARTICULARS— To be filed with plea of defendant, . 313

BILLS OF EXCEPTIONS— In criminal cases how taken, . 165

In civil cases do. . • 315

BIGAMY— Defined, and punishment for . . . 148

BONDS— See promissory notes, . . . 320

BRIDGES — Appropriations for on the Bounty Land, . • 60-2

Punishment for obstructing, • • • 150

Provision made for erecting on, Fox River and Bonpass creek, )

in White county ; and on Eagle creek, in Gallatin county, > 354, 360

and Lusk creek, in Pope county, )

BRIBERY— Of officers and members of the General Assembly, . 140-1

BROTHELS— Punishment for keeping, . . . 149

BURGLARY — Defined, and punishment for, * 133

CERTIORARI— Writs of, when and by whom granted . 269
Proceedings on, from judgments of justice of the^ ^9

peace, 5

Costs on do. 106

CHANCERY — Jurisdiction vested in circuit court, . . 88

Proceedings in, regulated, .. . 88, 95

CHANGE BILLS— Punishment for circulating, . . 151

CHEATS— Who are, and how punished . . . 154
CLERKS OF COMMISSIONERS' COURTS,

Their duties under Revenue law, . . 325-40

Road Law, . . 340-7
relative to election of justices and constables, 255-7
(For other duties, see other heads,)
CLERKS OF THE CIRCUIT COURT,

Appointment of, how made, Constitution, Art. iv. sec. 6, 3a, 121
Bond to be given by .

Bills of cost, to be taxed, and subscribed by . . 106

Docket, of court to be kept by, and how, . 312

of judgments, how to keep, . . 317

Fees of, liability for taking illegal . . 107, 216

Fee book, to be kept by 217, 316, 317

Former, allowed to collect their fees, . . 220
(For particular duties, see the several heads.)

* j

INDEX. 389

PAGE.

CONCEALMENT— of the birth of bastards, punishment for - 137-8

CONFESSION — Of persons accused of crime, effect of, - 162

before justices of the peace, 277

CONSPIRACY— Defined, and punishment for, - - 144

CONVICTION — A lien upon convict's property, - - 163

CONTINUANCE— When allowed, - - - 313

CONSIDERATION— See Promissory Notes. - - 320-2

CONFEDERATION— Articles of ' . - 5

CONSTITUTION— Of the United States, - - 13

Of the State of Illinois, - - 27

CONVEYANCES, - . - 95

Authentication of deeds of, made by non-residents,

Acknowledgments of deeds of, by whom and how taken, . 39

By husband and wife, and effect thereof, 100

Of powers of attorney to execute - 101

Of relinquishment of dower, - 99

Of non-resident feme coverts, - 101

Duty of Judge or other officer taking 98-9, 100

Copies of deeds of, when read in evidence, - - 102

Deeds of, valid, notwithstanding adverse possession, - _96

Deeds of defeasance, where and when to be recorded, and effect of 97-8

Deeds of, by husband and wife, how made, - 100

By non-resident feme coverts, how made, - 101

By non-residents, ^

Dower, how relinquished, * 92

Joint tenancy, how created,

Operation of, to use, - " " n

Power of attorney, to execute, - * !01
Non-residents, how to make,

Seisin, livery of, not necessary to _ - 95
Title, perfected after conveyance inures to grantee,

valid notwithstanding adverse possession, - 96

Recorded, to be, when and where, - - 98, 101

See State Recorder, as to non-residents - 373

COIN— Punishment for counterfeiting, - - 137-8

COMPLETE RECORD— When to be made, - 316

COMPOUNDING— Of offences, punishment for - - 144

C?OST — Apportionment of, when to be made, - - 106

Appeals on, from justice of the peace, - - 106

Judge of Probate • - 106

Circuit to Supreme Court, - 106

Bills of, to be taxed and subscribed by clerks, - 106

May go out before final judgment in certain cases, - 107

May be replevied, in criminal and civil cases, - 164, 217

To go out with execution, . • 219

Defendants, when to recover, . . • 104

Upon demurrer, . . .104

When several in tort, some acquitted, . 104

Equity, when allowed in, . . 105

Illegal, officer's liability for taking, . • !07

In criminal cases, . . • 163, 234

Judgment for, to be given in criminal case-,

t^on- residents, to give security for

Nonsuits, when to be given on . • lOJj

Plaintiffs, how recovered, . • • !"•£

Poor persons not required to pay, • • !0o

Pleas, in abatement, when allowed upon . • 4^>

Residents, v/hen to give security for • • JJ^

Remedy, of persons aggrieved by illegal bills of • W'

Security for, when required, • • lU2-o, ~i4

Witnesses, for only four, allowed, • • *^

Writ of error or qppeal, how recovered in cases o-1. * i J'

S90

INDEX,

COUNTIES— new, PAGE.

JoDavies, . . , 11M8

Jerry, . ... no_12

Shelby, , . . 115-17

Tazewell, . . 113-15

Division of, how obtained . . 110

Incorporation of, an act for the . . 107-9
COURTS, CIRCUIT,

Former system of, abolished . . 118-19

Suits in, continued over, . . 119

Terms of, changed, . . . 120-1

Judges of, may interchange circuits, . . 120

Not attending, courts to stand adjourned . 122

May appoint chancery Terms, . . 122

To hold special terms, for the trial of offenders, . 123

When disabled to hold, provision for, . 122

To hold one term of the supreme court, . 123

When interested, the cause to be tried by another, 122

COUNTY TREASURER— How appointed, . . 330

Office of, incompatible with that of sheriff, 335

His duties under revenue law, 325-40

COUNTERFEITING— Of coin, punishment for, . 137-8

Securities, and of bank notes, punishment, ih.

Having apparatus for, punishment, . 139

CONSTABLES— appointment of, to be by election, . 258

Pro tempore how made . 271

Bond to be given by . . 270

Of, in force for five years, . . 271

Omission of duty of, what will be palpable, . 272

Scire facias against, security of . . 271

Proceedings against, for not pajdng over money,

When to take forth coming bonds, . • 273

To endorse the time of receiving execution, . 273

To keep the peace, . . 273

C COMMISSIONERS,

To take depositions, their power and duty, . 174-8

To execute decrees in chancery, . . 94

To assign dou-er, and make partition of real estate, . 187

To select 30,000 acres of Gallatin county Saline Reserve, 353

1 0,000 acres of the Vermilion Saline Reserve . 358

Situation for a Penitentiary, . . 358

Other, to carrv into effect the act relative to Saline Reserves, 353-9

COUNTY COMMISSIONERS— Their duty relative to

Bridges, . 220

Compensation of 205

County Treasurer, to appoint, . . 330

County levy, . . . 331

Estray pens, . . . 196

Election Districts, for justices of the peace and constables, 255-6

Precincts, number of, may be increased, 187

Ferries, toll bridges, and turnpike roads, , 220

On the Ohio river, . . 227

Rates of to be fixed by . . 228

Fiscal concerns of the county, statement of, to be published, 335

jurors, Grand and Petit, to be selected by . 251 —2— 4

Jackson county, to navigation of Big Muddy . 360

Pounds, to cause to be erected, . . 190

Poor, to have superintendence over . 309--1O

Power of, counties on the Ohio river relative to ferries,

Roads, to have superintendency of . 340—5

School lands, to appoint trustees of . 300-9

i :ORONER— Inquest of . . . . 272

P.1MINAL CODE, . . .

Abduction of females under eighteen years of age, . 14?

INDEX. a91

.CRIMINAL CODE— (Continued.) page.

Accident, crimes committed by, not punished, . 123

Accessories in crime, who are, . . 126

after the fact, . . * 126

Adultery and fornication, punishment for . 148

Affrays, how suppressed, and punishment for . 146

Affirmation, false, deemed perjury, . • 127

Arraignment of prisoner, what sufficient, . 161

Arson, defined, and punishment for . • 133

Assault, definition of . . 132

with intent to commit murder, rape, mayhem, robbery, or) l32

larceny, punishment for >

Assault and battery, defined, . • 132

May be tried by justices of the peace, 274

Bail, appearance, may seize and surrender principal, . 165

Bailee, converson by, deemed larceny . . 136

Barratry, defined, and punishment . . 144

Bastards, concealing birth of, punished, . 130

Benefit of clergy, abolished, . . 158

Bills of exception, in criminal cases, how taken, . 165

* Bigamy, defined, and punishment for, . . 148

Bribery, of officers, how punished, . . 140—1

of members of the General Assembly, . ib.

Brothels, punishment for keeping, . • 149

Burglary, defined and punished, . • 134—5

■

Cheats, who are, and how punished, . • 154

Change bills, punishment for circulating, . • 151

Concealment, of birth of bastards, punished, . 130

Coin, punishment for counterfeiting, . 137—8

Confession, of persons accused of crime, . 162

Before justices of the peace, 277

Conspiracy, defined, punishment, . . 144

Compounding of offences, punishment, . 144

Conviction, to be a lien on convict's property, . 163

Counterfeiting of coin, punishment for . 137—8

Of securities, and bank notes, 137, 138

Having apparatus for . 139

Crime, definition of . . 124

Crime against nature, punishment for . . 132

Dead bodies, punishment for disinterring, . 153

Death, punishment of, to be inflicted by hanging, . 158

Disturbers of the peace, how punished, . 146

Discretionary punishment, in what cases, . 158

Disinterring the dead for dissection • 153

Drunkenness, no excuse for crime, • 125

Habitual for two years, cause of divorce, 181

Duress, crimes committed under, not punished, • 125

Duelling, how punished, . • 130,131

Embezzlement, by lodgers, deemed larceny, . 136

By apprentices and servants, deemed larceny, 136

By officers, of records, kc. how punished, ' 135 «te 141

Embracery, defined, and punished, r • • 144

392

INDEX,

CRIMINAL CODE— (Continued.)

Escape of prisoners, how punished,

Escape, attempts to, how punished, ,

Aiding in, how punished,
Evidence, burthen of, when upon the aecused,

In prosecutions for rapey emission need not be proved
Forging bank notes,
Libels,

False imprisonment, defined, and punishment for,

Proceedings in prosecutions for,
False pretences, obtaining credit by, how punished,
False weights, punishment for using,

Firing prairies, puishment for, . ,

Fines, to be paid to the counties, . 158,

May be replevied,
Fugitives, from justice, how apprehended,
When from other states to this,
When from this to other states,

When to be arrested on complaint, by oath, or affirma-)
tion, and duty of committing magistrate, $

When to be discharged,

Persons complaining against, to give bond for cost,
Governor may offer rewards for,
Forgery defined, and punished,

Uttering fictitious security, deemed
Of State Seal, how punished,
Of Seals of Courts, "
Evidence in prosecutions for

Gaming, punishment for keeping houses for
Playing at cards,
By-bets at cards,
Cards forbidden to be sold,
Sheriffs and coroners, to suppress,

II.

9AGK.
143
143
143
130
132
139
147

132
161
154
154

154-6

277,8

164

232-4

232

332

235

236f
237.
237

136-7
138

139

140
139

149
150
149
149
150

Harboring runaway slaves, punishment for,
Homicide, when justifiable,
When excusable,

156
129
130

Idiots, not to be convicted of crime,

Infamy, who are infamous, and how disqualified,

Indictment, what sufficient, - *

For perjury,

Exceptions to when to be made,

For false imprisonment,

Prisoner to be furnished with copy of

Jailers, how puuished for inhuman treatment of prisoners,

May be imprisoned in the jail of their own county,
Jails, sheriffs to be keepers thereof,
Destroying how punished,

Grand jurors to inspect, . «■

Justification, what will be, on triak for manslaughter,
• Bare fear will not be

124
158-9
157
140
157
161'
161

142
250
247
155
248
128

INDEX.

393

LUMINAL CODE— (Continued.)

Kidnapping, definition of, and punishment for,

Larceny, definition, and punishment,
Conversion by bailee, deemed

PAGE.

132-3

134
136
136
135

Embezzlement, by lodgers, apprentices and servants, deemed

Altering brands and marks, when deemed

When committed by free negroes, slaves aud indentured) ^^

147
147
147
147
167
246
277
124
125

servants, to be tried by justices of the peace, >

Libel, defined,

Relative to duelling,

Tending to blacken the memory of the dead,
Evidence in prosecutions for,
Limitations, of prosecutions,

For bastardy,

Before justices of the peace,
Jjunatics, not to be convicted of crime,
When they may be tried for crime,

Marrying, a single person to a married one, punished,
Manslaughter, defined, and punishment for,
Involuntary, defined,
Accused of, when to be tried.
Maintenance, defined and punished,
Mayhem, defined, and punishment for,

An assault, with intent to commit
Malfeasance, in office, how punished,

May extend to removal,
Marks and brands, altering, with intent to steal, how punished,

" Land marks, punished,

Malicious mischief, how punished,

To bridges, dwelling houses, animals, mill dams,}
fruit and shade trees, farming utensels, firing >
prairies, and to jails, )

Murder, defined, and punishment for,

An assault, with intent to commit,
Perjury will be deemed, in certain cases,

^Nuisance, punishment for erecting,

Obscenity, punishment for selling obscene books,
Offenders, how apprehended,

148
128
128
128
145
131
132
145
145
135
136
154-6

ib.

127
132
140

150

149
169-73

Peace, disturbers of, how punished,

Perjury, defined, and how punished,
When deemed murder,
Indictment for, what sufficient,

Plea of guilty, not to be entered, until explained,

Playing at cards, punishment for,

Posse comitatns, punishment for not joining in,

Poisoning, punishment for,

Prisoners, punishment for inhuman treatment of,
Aiding the escape- of, how punished,
How removed from one county to another, "

< 'op-y of the indictment against, to be furnished them,

139-40
140
140
162
150
152
131
142
143
160
161,2*1

3*4 INDEX,

CRIMINAL CODE— (Continued.)

Prisoners, when to be bailed, after writ of error allowed,

Escaping from custody, governor to Offer a reward,
Sheriffs to furnish them copy of commitment,
Expenses of, how defrayed,

Process, punishment for obstructing,

Rape, definition of, and punishment for,

An assault, with intent to commit

Evidence, in trials for,
Rescue, after conviction, in capital cases, punished with death,

Before, with fine and imprisonment,
Recognizance, how taken,

Riots and Rioters, how suppressed and punished,
Robbery, defined, and punished,
Routs, definition of, punishment for,
Rogues, who are, and how punished,

PAGE-

167
237
243
246-50
142

131

131-2
ib.
142
143
159& 171
147
134
147
152

Selling, spiritous liquors without license, punished,

To slaves and servants, punished,
u Minors and apprentices,
Unwholesome provisions,
Self defence, defined,

Of officers,
Search warrants, and proceedings thereon,
Slaves and Servants, harboring of, how punished,

Removing indentured servants from the state, how>

punished,
Embezzlement by, deemed larceny,
Selling spiritous liquors to, punishment,
Standing mute, equivalent to plea of not guilty,
Stolen good?, burying or receiving, how punished,
Swindling, what so deemed, and how punished,
Sunday, tippling shops, not to be kept open on

150.
156f
150
15Q
129
129
173
156

156

156
156
161-2
135
154
149

Tavern Jceepers, punishment for allowing gaming, - 150

For selling spiritous liquors, to slaves, )
servants, and apprentices, J

Threatening letters, punishment for sending, - 145-6

Treats, jury to be judges of the law and the fact, in criminal)
cases, j

Usurpation, defined, punishment for,

Vagrants, who are, and how proceeded against,
Venire, when unnecessary in criminal cases,
Voting, twice at the same election,

Using corrupt means, relative to,
Venue, in criminal cases, how changed,

Writ of error, when allowed in criminal case?.
CRIME AGAINST NATURE, punishment for,

163

143

152

160
153 .
153
382-3

165 & 167

INDEX.

395

DECLARATION OF INDEPENDENCE,
DEPOSITIONS, how taken,

In cases of attachment against absent debtors,
Of non-resident witnesses,

Resident witnesses,
Returned,
When read in evidence in circuit court,

Before justices of the peace,
Commissioners to take, their power and duty,

Witnesses, how compelled to attend before,
and their compensation, w -
Informality in, what will be, seals not to be broken,
Perpetuating testimony by, mode of
DEFEASANCES, deeds of, when and where to be recorded,

Considered as mortgage,
DEAD BODIES, disinterring, punishable,
DEATH, punishment of to be inflicted by hanging.
DEMURRER, costs upon,

Special, what will be cause of.
DEBTORS, absconding and absent] (See attachment,)
Leaving the state,
To the state bank, relieved,
DETINUE, action of, an act concerning,
DECLARATION, when to be filed,

In cases of attachment,
HECREES, in chancery, to be a lien on property,
4L How executed,

DEEDS, of conveyance, to be acknowledged and recorded,
Of defeasance, where to be recorded,
How authenticated*,
(See Conveyances,)
DISTURBERS, of the peace, how punished,
DISCPwETIONARY PUNISHMENT, in what cases,
DISTRESS, lor rent, (See landlords and tenants,)
DIVORCE, Chancery act not to affect proceedings for,
Alimony, when allowed,
Causes for which may be granted,

Complainant, must have resided one yearia the state before bill
Fraudulent marriages, declared void,
DOWER, Alien widows entitled to,

Assignment of, - -

Heir refusing to assign, how to proceed,
Widow to have dwelling house,
Commissioners to assign,

Heirs may petition to have appointed
Divorce, when and how it will affect,
DOCKET, of courts, how kept,
DUE BILLS — See promissory notes,
DURESS, Crimes committed under, not punished,
DUELLING, how punished,

DRUNKENNESS, no excuse for crime, . ,

Habitual, for two years, cause of divorce,

PAGE,
1

174
74
174
174
175

176-7
263

174, 8

176-7
176

177s?

153

I 158

104

66-78

304

376

H9-80

312

316

95-101

146

158

278

182

181-2

filed, 182

180

183

183-4

185

184, 187

185

312

320-4

125

130-1

125

181

EDUCATION— See schools and school lands,
| ELECTIONS, regulated,

Of justices of the peace and constables,
"Militia officers,

ELECTORS, of President and Vice President of the United States,
ELEMENT, by officers of records, how punisbed,

By apprentices and s^ rvants, deemed larceny.

364-70

187

255-9

291-2

188

135, 141

I3t-

196

INDEX.

EMBEZZLEMENT— (Continued.)

13 v Lodgers, deemed larceny t
EMBRACERY, denned and punished,
ENTAILS, not allowed,
ESCAPE of prisoners, how punished,

Attempts to, how punished, *

Aiding in,
E6TRAYS, Duty of persons taking up water craft?

Animals,

136

144

143

169

192-3

To exhibit them at court house, 196

Where no owner appears, how to proceed 193

Liability of.

Not to dispose of property,
Clerks, duty relative to
Estrav book to be kept,
Finder of lost goods, how to proceed,
EVIDENCE, Accused when burthen of, rests upon,
An act concerning, >

Books of Auditor, to prove sale and redemption of lands, sold/

for taxes,
Deeds of conveyance, when to be read in
Depositions, when read in
Grand juries, before
Official certificates, when to be
Printed statutes books, when to be
On trials for Rape, *

J Forging bank notes,

Libels.
EXCEPTIONS, to bail, when to be made,

Bill of, in criminal cases, how taken,
Civil cases, do.

EXECUTIONS, . on ,

On judgments, before justice of the peace, not to issue for 20 days,
J ° ' J How levied on real estate,

May be issued to a foreign county,
Not to issue in favor of the state bank for three months,
Constable to endorse the time of receiving,
When to issue against, attached effects of absent debtors,
EXECUTORS AND ADMINISTRATORS,

Abatenleht of actions by, revocation of letters, not to be cause of,
Action of account, maintainable by,
Application by, to sell real estate, how made,

Appeals allowed on, *

Intestate's estate, how sold, may be on a credit,

Where intestate' was seized of land certificate, how sqld,

195
195
196
198
191
130
189

335

102
177
162
198, 200
199
132
139
147
84
165
315

266
276
267
376

272
84

Revocation of power of, and effect of,
Suits by, when to become parties to,

When intestate was assignee of promissory notes, bonds, &c.

201-2

202

202, 280

321

FALSE IMPRISONMENT, defined, and punishment for,
Proceedings in, prosecutions for,
FALSE PRETENCES, obtaining credit by, punished,
FALSE WEIGHTS, punishment for using,
FEES,

FERRIES, TOLL BRIDGES, AND TURNPIKE ROADS,
County Commissioners, may establish,

To fix the rates of,
Keepers of, their duty,

Not to keep without a license,
Exempt from certain duties,
Ferries, on the Ohio river,
License for. how revoked.

132

161

1.54

154

203-20

220-3

220-1 |

223
221-3
226
225
227-8
226

INDEX. &**

page-
FINE?, to be paid to counties, . • • 158,2*!fi?

May be replevied, . • • *°J
FORCIBLE ENTRY AND DETAINER, what shall be deemed,

To bo tried by two justices of thr peace, • |2»

Record of their proceeding; to be kept, . • |*»

Appeals of, taken within fne days, . "• ***'

Execution, or writ of restitution, when to issue, . £*u

FORGERY, denned and punished, . • libJ

Uttering fictitious securities, deemed • , '*

Of state seal, and seals of courts, . ». 7oq

Evidence of, what shall be, of bank notes, > 1*J

FRAUDS, may be pleaded to actions upon promissory note*, . •«*

FRAUDS AND PERJURIES, an act relative to - • ^

Agreements, wfcen void, if not in writing, . .. ?■ JJr

Convej ances, of goods and chattels to defraud creditors, void, 231

Creation of trusts, how proved, « • *3l

Possession when deemed evidence of fraud . ~ivi

FUGITIVES FROM JUSTICE, how apprehended, . . 23*-4

From others to this state, . j#Z

From this to other states, . 232

Arrested on oath or affirmation, how to proceed - 232

Duty of committing magistrate, ■ • • *

When to discharge the accused, 236

Rewards may be offered for by governor, * 237

RNISHEE, proceedings against . • • 73^f

Discovery by, truth of to be tried by a jury, • <*

GENERAL ISSUE, May be pleaded under habeas corpus act, 243-4

In civil cases, and special matter given ) 314

in evidence, >

GAMING, Assignments of contracts, not to affect the defence, . 236

Bettinsr, at cards, punished, . . 149-50

Card playing, punished, . . J50

Tavern keeper not to allow ot, . lou

Cards, forbidden to be sold, . . 149

Contracts, in consideration of, declared void. . 235

Judgments obtained upon, may be set aside in equity, 236

Houses for, punishment for keeping, . . 149

Monev, lost at, may be recovered back,

Sheriffs and coroners, to suppress, . . 150

GOVERNOR, his duty, to commission justices of the peace, . 2o7

Do. Sheriff and coroners, . . ^371

To issue writs of election in certain cases, . 372-3

To issue patents — See Saline Reserves, . 353-9

GRAND JURY— Evidence before, what necessary, . . • 1«|

By whom and how selected, ...» ill

To inspect jails, and report to court, . , . . 348

Foreman of, to swear witnesses, . ... 251

To present infractions of the criminal code, . . 150

GUARDIAN— To be appointed, for insane defendant, . . « 94
For minors upon application of executors to sell

• -fctt*-

real estate,

For minors and orphans— (see minors and orphans,
andpoor.) . • ■ 301-310

^vRBORING— Runaway slaves and servants, how punished, . . lj>6

HABEAS CORPUS— Applications for, how made, . • • "^3

Attest • • • • ... • zr.~

Attorney general and states, to prosecute under this act, 24-

$98

INDEX,

HABEAS CORPUS— (Continued.) page.

Prisoner, for what cause to be discharged, » 239-41

When not to be discharged, . . 240

To be furnished with a copy of commitment, 243

May deny the facts in the return, . . 238

May plead general issue, . . . 244

Removals of, must be by legal process, . 241

Witnesses to be recognized, and may be committed, . 239

Writ of, refusal to issue, penalty for, . . . 242

Liability, of officer executing, . , 243

HOMICIDE— When justifiable, - - 129

When excusable, - - 130

IMPEACHMENTS— Attorney General to prosecute,
lljl- ITS — Not to be convicted of crime,
INTERPLEADER — When allowed in attachments,

Also in chancery,
INTERROGATORIES— When and how filed in attachments,

See deposition?,
INCIDENTAL EXPENSES— Of the public offices, how defrayed, -
INFORMATIONS— In the nature of quo warranto,
INFANTS — Guardians ad litem for, to defend in chancery.

Under ten.years of age, not be convicted of crime,
Procuring, to commit crime, punished,
See minors and orphans,
INDICTMENT— What sufficient,
For -per jury,

False imprisonment, prosecutor to be endorsed,
Exceptions to, when to be made,
Copy of, to be furnished prisoner,
Limitations of,
INFAMY— Who are infamous, and how disqualified,
INJUNCTIONS— By whom granted,

Breach of, punished for contempt,

Dissolution of, when moved for, and proceedings on motion,
ILLEGITIMATE CHILDREN— Mother of, complain to a justice of the peace,
Reputed father,, how to proceed against,
Marriage of parents of, to legitimate the children
Limitation of prosecution for,

124

88-75
74

174-8
204 ■

147-9
94
124
125
301
157
140
1G1
157
161
167

158-9
306
307

307-8

244-5

245

> 246

* 24a

JAILS AND JAILERS— J ails to be erected in each county, - 246

Destroying, punishment for, - 155

Sheriffs to be keepers of, - 247

May be imprisoned in their own jails, 250

Grand juries to inspect, and report to court, 248

Jailer, punishment for inhuman treatment of prisoners, 142^

Prisoners, how transferred from one county to another, 249-5Q;

Of the United States, to be kept, 248

Guards of, may be summoned, - 248

Felons, to be kept on inferior food, - 248

Poor^ howg provided for, - 246

Expenses of imprisonment, to be paid by,

)J( ■ .tors, to be keot separate from criminals,

JOINT TENANTS— May have an action of account against their co-tenants.

Who may be,

May have division of their lands,
J*UDGES — Of the circuit court may interchange circuits,
oint chancery terms,
Not attending, court to stand adjourned,
•V -> hold special terms,

247

185

128

123

index. ' m

JUDGES— (Continued.) page.

Provision in case of disability of, - ***

Wheninl > be tried by another, - 122

To report defects in criminal code, - ^0J

Of the supreme court. - - ^
Allow . i i .-'•'< ' i 'cr annum for noting imperfections in the laws generally, 284

JUDGMENT DOCKET— Clerk to keep, - - 3l*
JUDGMENT— Arrest of, not to let in statute of limitations,

After, abort to direct new pleadings, - °^

By Default or Confession, when not to be reversed, - 53

ty Default, - - - £13

Obtained upon gaming contracts, how set aside, - "JO

Reversal of, upon certiorari not to vitiate sales under, - 269

Not to let in statute of limitations, - - 286

For erasures, &:<•. not allowed after verdict, - 53

To be given without regard to imperfections in the papers, 52

TURORS— Who may be, - " " ifto

Challenges to, in criminal cases, - - *®S

In civil case=, - - j"|

Commissioners to, select grand and petit, - - o<-T

Compensation of petit, privileged from arrest, - aS%

Cle rk to draw names of, b y ballot, - " lo^±

Evidence before grand, - * «

Talesmen, may be summoned, - - Jr.
Punishment of, for not attending -j ■. .- „
•JUSTICES OF THE PEACE— Their duty, relative to the apprehension ot otten-

ders - " iolr-7*

Appointments of, for new counties, 1?J

Former mode of, abolished >»»
Appeals from, how taken, and supersedeas there-

In criminal cases, • opi
Arbitration* before, when allowed, _ 2"*
Attorney general and states attorneys, to give ad-
vice to, in certain oases, . 79-80
Certiorari, from judgment of, and proceedings

thereon, . - • .269

Continuances, maybe given ei'hcr party, . 262-3

Depositions, to be read before, how taken, . 263-4

Picket of, how to be kept, . . 260

Election of, . • • 256
Execution, not to be issued upon judgments ot, for

twenty days, . • 266

Mow levied upon real property, . 267

May issue to a foreign county, . 267

When levied on personal property, . 272

Fines, may impose, for contempt, in their presence, 266

Judgment, before, to be Lien on real property, 272

Jury, before, in action of debt, when allowed, 265

Jurisdiction of, on promissory notes, &c. not over $100 ^o»

Upon verbal contracts, . ib

For goods, wares, &c. or for work and labor

done, . £

For money had and received, &c. ib

For money due upon account, u>
For debt upon contract for rent,
and for any specific article of

V property, • ?*

fn all cases of debt or assumpsit of, .- lD
In cases where administrators are parties, of all sums

In allies of forcibly entry and detainer, . 228-32
IJi cri3na/ cases, of all cmawifc, aiN»Ji and battery ■

Amfo'f L am nv, committed by .laves, iudentuTcd ser-

rants, and free negroes, • >-»

40o index;

JUSTICES OF THE PEACE— (Continued.) vagi-
Limitations of criminal prosecutions before, . 277
Oatfis, all oaths -required by law may be adminis-
tered by, ..... 273
Process, to be endorsed by, . . 263
Resignation of, to be made to commi sioners' clerk, 200
Removals, of causes from one to an other, when al-
lowed, . . . 266
Set-offs, when allowed in trials before, . 264
Suits, all demands to be consolidated in one, . 264
Summons, and service thereof, . 260
Tridly may have without process, . '265
May be by jury, . ■• . 265
When may be in the absence of defendant, 261
Plaintiff not appearing cause to be dismissed, 262
W Vacancies in the office of, how filled, . 256
Witnesses before, their compensation, . 264
JUSTIFICATION— What will be on trials for manslaughter, . 128-9

KIDNAPPING— Definition of, and punishment for, . 132-3

L. M

LARCENY— Defined, and punishment for, . - 134
When committed by free negroes, slaves, and servants, to be tried by s^

a justice of the peace, . . • 134

Conversion by bailee, deemed . • 136

. Altering brands and marks with intent to steal, punished, . 135

Embezzlement by lodgers, apprentices, and servants, deemed, 136

LANDLORDS AND TENANTS,

Action of account given to recover rent, . 278
Tenants holding over after notice, shall pay double
rent, . . . 278-9
To give notice to their landlords when su-
ed in ejectment, . . 269
Distress for rent, proceedings on, . 279-80
Lessor may bring ejectment, where half a year's

rent is due, . . 279

LAND CERTIFICATES— How disposed of by executors and administrators, 202

May be conveyed in certain cases, . 280

LAWS— How authenticated, ■ ", . . 280

Revised code, how to be published, . . 281

How distributed, . . . 281

Officers to return, upon the expiration of their term of service, 282-3>

Secretary state to superintend printing of, . 282

To contract for printing private laws, . 283

LIVERY OF SEISIN— Not necessary, to convey lands, , . 95

LIEN — Decrees in chancery, to operate as a, on real property, . 94"

Convictions in criminal case~, will also, . . 163.

Judgments of justices of tbe peace to bind real property, . 272.

Executions upon, binds personal, . 272

LIBEL— Defined, . . . .147

Relative to duelling, . . • 147

Tending to blacken the memory of the dead . . 147

Evidence in prosecutions for, . • . 147

LIMITATIONS— Of criminal prosecutions in the circuit court, . 167

Before justices of the peace,

Of prosecutions for bastardy, . i 246
Of actions, of trespass quart clausum /regit, trespass, trover,

dctinw, replevin, account and case, . . 284-5

LUNATICS— Not be convicted of crime, . . . 124

When to be tried for crime, . • • 125

INDEX,

40!

PACE.

MANDAMUS— Writ of, circuit court may issue, . . • 287

Return of, may be traver^d, . . 287

Recovery by, no bar to other actions,

Appeals and writs of error allowed, . . . 287

MASTER AND SERVANTS— See apprentices, . . .54

MARRIAGES — Single persons marrj ing married one?, punishment for, . 148

Fraudulent, declared void, . .. . . 180

Who authorized to solemnize, .... 288-9

To contract, . . . 288

License, penalty for issuing without consent of parents, . 290

MANSLAUGHTER— Defined aud punished, . . . 128

Involuntary, "..... 128

MAINTENANCE— Defined and punished, . .145

MAYHEM— Denned and punished, . .131

An assault with intent to commit, . . . 132

MALFEASANCE— In oifice, how punished, • . . 145

MARKS AND BRANDS— Altering ear marks, or brands, with intent to steal,

punished, ....

Altering land marks, punishment for,

MALICIOUS MISCHIEF— How punished, . . .

MESNE PROFITS— Jury to assess damages for,

MILLS AND MILLERS — Malicious mischief to mill dams, punished,

Jld quod dam /ww, writ of,

What are public mills, . . .

Duty of millers, ....

MISPRISIONS— Of clerks and sherifFs amendable, . ...

MILL DAMS— See mills and millers, ....

MINORS AND ORPHANS, selling spiritious liquors to, punished,

Guardians, of, how appointed, removed, and their powers,
Real estate of, when and how sold,

When sold for taxes, how redeemed,
Poor, may be bound apprentices,
MILITIA, Companies independent, where to muster,
Refusing to elect officers,
Election of officers, . .

Contests, how to proceed in,
Fines, how disposed of, . .

Conscientious persons, not required to bear amis,
Resignation, how made,
MURDER, defined, and imnishment for,

An assault, with intent to commit,
When perjury will be deemed,
NAVIGATION, provision for improving of Wabash river,
Of Little^Wabash,
Big Muddy,
NE EXEAT RESPUBLICA, writ of, when granted,

In case of joint obligors,
Bill for, what to set forth,
Writ of, what to contain, and return thereof,
NEGROES AND MULATTOES,

Not allowed to be witnesses aerainst white persons,
NEW TRIAL, When and how moved for, . . . .

NON-RESIDENT^, To give security for costs,

To list their lands in the auditor's office, for taxation,
How to convey lands lyinsrin thi«; state — Sue Conveyances,
NON EST I- ACTUM, Plea of, to be swum to, , .

NOTICES, To be given executive, when officers are removed by indictment,
Punishment for defacing,

i-innent of promissory notes, to be given— See Promissory J\'otes,

»f, . : . . 105

JANCE, Punishment for erecting, - . . U*M

135
136

154-6
317
155

297-8
298

298-9
50

156

301,2,4
304

337-8
310
299
295
291

292-4
296

296-7
296
127
132
140

358-9
ib.
360
304
ib.
ib.
306

320
315
102

ib.

314

145-6

151

02 INDEX.

PAG£

OATHS AND AFFIRMATIONS, Who authorized to administer, 273; 309

Conscientious persons, - 308

^T>o^T^TT™r r. • , - „ Penalty for falselv or corruptly affirming, 308-9

OBSCENITY, Punishment for selling books of, - - 149

OFFICERS, Assaulting, without sufficient cause, punishment for, - 142

Bribery ot\ - l40_1

Civil, to arrest rioters, - - . 145

Escapes, Voluntarily permitting of prisoners, - 143

Negligent, liability for, - - 143

Extortion, by, how punished, - - 145

Embezzlement, by, of records, &c. how punished, - 135, 141

Indictment of, may be removed by, - - 145

Jailers, how punished for inhuman treatment of prisoners, 142

Laws, in possession of, to be returned at expiration of service, 282

Mutilating, or detaining official papers, when superseded, punished 142

Malfeasance of, how punished, - - 145

Self defence of, what will be, - - 129

OFFENDERS, How apprehended, - - - 169-7?

OFFICIAL CERTIFICATES, when, and of what evidence, - 191, 200

Clerks of the circuit court, to certify to oath, and bond of sheriffs, 371

Commissioners' clerk, to authority of justices of the peace, 200

PARTITION OF LANDS, how made among heirs, &c. - 185

Joint tenants may have, - - 186

Co-parceners entitled to, - - 187

PATENT, Governor to issue — See Saline reserves, and Vandalia lots,

PEACE, Disturbers of the, how punished, _ - - 146

Constables to keep— See Constables,

PENITENTIARY, Provision made for erecting— See Saline Reserves,

PERJURY, Denned, and punishment for, - - - 139-40

When deemed murder, - 140

Indictment for, what sufficient, - - ib.

PERPETUATING TESTIMONY, mode of - - 177-9

PLAYING AT CARDS— See gaming, - - - 14P-50

PLEAS AND PLEADING— See Amendments, pasje 49, and Practice, 310

PLEA OF GUILTY, not to be entered until explained, - 162

POOR — Persons not required to pay cost, - 103

County commissioners to have superintendency of, * 309

What relatives shall support each other, - - 309

Having no relatives, how provided for, - - 310

Minors becoming chargeable, may be bound, - - 310

POSSE COMITATUS, Punishment for not joining, - - 152

POWER OF ATTORNEY, To convey land requisites of, - 101

POISONING, punishment for, - - 131

PRACTICE AT LAW, ...» 310-20

.t '-lions, on penal bonds may be assigned, - - 315

Alias, and service on one defendant^ scire facias may go against? 3n_i<>

the others, ) ' *

Appearance, -

Appeals, from circuit to supreme courts, how taken, - 31'J

est of judgment, court to direct new pleadings upon,
Bill of Particulars, defendant to file with his plea,
Continuance*, when allowed, - - "

Court, to give time to plead, - - 3'^

Complete Record, when to be ma^e, - * 3|t;

Challenge, to jurors, - jj'j~
Declaration, when to be filed, - "

Required in cases of attaciunent, ■»*£
Docket, how kept,

INDEX.

4&3

PAGE,
314

317
315
165

316-17
316
317
316
316
320

316-17
315
314
314
318
320
311
311
313
315
315
316

320

157-68

89-95

142

202

301-4

304

PRACTICE AT LAW—(Continued.)

Damages, when to be assessed by clerk

For mesne profits, to be assessed by jury,
Exceptions, to the opinion of court, bow taken,

In criminal cases,
Fee book, to be kept by clerk,
Judgments, by confession,

Docket of, to be kept,

Arrest of, court to order new pleading upon,
By default,

Reversals of, supreme court to give judgment,
Mesne profits, damages for,
New trial, notice of, motion for, to be given,
Pleas, defendant may plead several,

Of non est factum, to be sworn to
Sheriff, not paying over money, how proceeded against.
Scrawl, to be equivalent to seal,
Summons, how issued, served, and returned,

Alias, after service on one, scire facias, against the others
Subpoenas, clerk to issue,
Set-offs, when to be pleaded,
Veraict, what sufficient,

When and how set aside,
Witnesses, negroes, Indians, and mulattoes, not to be against white)
persons, )

PRACTICE, in criminal cases, .

PRACTICE, in chancery, ....

PROCESS, punishment for obstructing,

From justices of the peece, to be endorsed,
PROBATE COURT, power, and duty relative to minors and orphans,
Appeals, from allowed in all cases,
Power of, relative to executors and administrators — See executors,.
To apprentices — See apprentices,
PROMISSORY NOTES, how assigned, and remedy of assignee, . 320

By executors, . . 321

Assignors liability, . . . 321-2

Consideration of, what necessary, . . 322

Fraud, may be pleaded in bar to actions upon, . 322

Tender, of payment, when note is for personal property,) 301.0

where to be made, £ ~

PRISONERS, inhuman treatment of, by jailers, how punished, . 142

Aiding the escape of, how punished, . . 143

Taken from one county to another, may be lodged in jail on the way,. 160

When to be furnished with copy of indictment, . 161

May be bailed after writ of error, allowed, . . 167

Governor may offer reward for, escaped, . . 237

Removal of, must be by legal process, . 241

Sheriff* to furnish with copy of commitment, . . 243

Expenses of, how defrayed, . . . 246, 50

PUBLIC PROPERTY, Furniture of state house, how preserved, . 324

Repairs to be made to the state house, . . ib.

Sec'y- of the Senate and clerk of H. R. to return paper?, ib,

<}UO WARRANTO, Proceedings upon information in the nature of,

Appeals in, to sup* rior court,

RAPE, Definition of, and punishment for
Evidence in trials for, ». .
An assault wil 1 commit, punished,

347
334

131-2
ib.
too

404 INDEX,

RESIGNATIONS— Of justices of the peace, to whom made, .- * 200

Oi militia officers — See Militia,
REDEMPTION— Of land sold for taxes, . . 327-8, 335, & 340

RESOLUTION—

Of Congress declaring the admission of the state into the Union, 26

REAL ESTATE, how conveyed — See Conveyances,

By executors, . . 200-1

When levied on by execution from justice' of the peace, 267

Of minors and orphans, how sold, * . . 304

REPLEVY — Of fines, executions, and bills of costs — See each head.

REWARDS — Governor may offer reward for fugitives from justice, 237

When allowed to taker up of estrays, . . 193

RELINQUISHMENT— Of Dower— See Dower.

Of Vandalialots — See Vandalia Lots.
RENT— See Landlords and Tenants.
REVISED CODE— See Laws.

RECORDERS AND RECORDING— See Conveyances. 95

RESCUE, After conviction, in capital cases, punished with death, 142

Before, with fine and imprisonment, . . 143

RECORDS, For the supreme court, . . .. 314

Complete, when to be made, . . .' 316

RECOGNIZANCE, In criminal cases, how taken, . . 159, 171

. Civil cases — See Practice at Law.
REVOCATION,- of letters of administration, . . 46

REVENUE,.

Auditor, To advertise and sell non-residenW. lands for taxes, 325-6, 334

His duty relative to redemption of lands, 327-8, 335, 340

To make descriptive books, and maps for the counties, 328-30

To advertise and sell residents1 lands, in certain case

331

To settle with sheriffs, for taxes of 1826, by August, 1827,

Accounts of, how kept by Auditor and Treasurer, . 335

Of Counties — See Count v Commissioners, . • . . 331-5

REPLEVIN, Action of, regulated, . • . 349^50

RIGHT OP PROPERTY, Mode of trying , . .351-2

ROADS, Punishment for obstructing, , . . 150,342-3

Certain class of, declared highways, . . 340

County commissioners to have superintendency of, . 340

To appoint supervisors of ' . 340-1

Viewers of, . 344

Location of, how changed, . v . 345

New, how opened and kept up, . . . 343-6

All able bodied males, over 18 and under 50 years of age, required) 341 2

to labor 5 days on, \

ROBBERY, Defined, aud punishment for, . . .- 134'

ROGUES, Who are, and how punished, , . 152

ROUTS, Definition of, and punishmont for, 146

SALARIES— See Fees, . , 202

SALINES, Gallatin county Saline regulated, . <■ . 360-6
SALINE RESERVES, An act to dispose of 30,000 acres of Gallatin coun-) 353,9

ty, and 10,000 of Vermilion Saline Reserves, $
SET-OFFS, When allowed in attachments against debtors,

In suits against endorsee of promissory notes, 321-2
Whf.11 to be pleaded,
SCRAWL, Equivalent to a seal,

SELLING, Spritous liquors without license, punished, • 150

To slaves, servants, minors, and apprentices, 150, 156

Unwholesome provisions,

SELF DEFENCE, defined, . . ... 1§9

Of otficers, , , IS?

INDEX. 405

PAGF.

SEARCH WARRANT, Proceedings thereon, - - 173

SECRETARY OF STATE, Official certificate of, when evidence, 199

To Superintend printing, - - 283

To contract for binding the Revised Code, 283

For printing private laws. ib.

To transmit commissions, - 371

To distribute the law-, - - 234

To take charge of the -4ate house and furniture, 324

To contract tor repairs to the state house, 324

SCHOOL LANDS, Free schools how established and supported, - 364-6

County commissioners to appoint trustees of school lands, 366

Duty of Trustees of school lands, - - 368-9

SHERIFFS, Duty of, to suppress gaming, ... 150

Relative to/ee bills, - - 218

Revenue — See Revenue.

Taxes in arrears. - - 370

Special terms for trial of offenders, 123

Liability of, for taking illegal fees, - - 216

For improper returns, in actions of detinue, 180
• . To be furnished by commissioners'' clerk with a list of Constable;, 273

Not paying over money, how proceeded against, - 318
HERIFFS AND CORONERS—

Governor to commission for two year?, - - 371
To give bond and qualify, and failure to, governor to issue writ) 37 ,

of election, )
Sheriff, to settle with county commissioners, and on default,) 373

writ of election to issue, $

May appoint deputies, - 373

Failing to pay over money, how proceeded against, - 374-5

Coroner, to hold inquest of dead bodies, - - 372

SHOOTING MATCHES, Allowed, - - - 296

SLA.VES AND SERVANTS, Harboring runaway, punishment for, 156

■ Removing from the state, do. - 156

Selling spiritous liquors, - - 150

Embezzlement bv, deemed larcen}-, 136

STANDING MUTE, Equal to plea of not guilty, - - ■ 161-2
STATIONARY, For public offices how procured — See incidental expenses.

For the supreme court, - 218
STATE HOUSE— See public property,

STATE BANK, Debtors to, may renew their notes, - - 376

Execution not to issue in favor of, for three month?, - 376

Cashier of, his duty relative to deposits, - 378

His salary, - 377

Not to charge for contingent expenses, - 377

To purchase property for, in certain cases, 378

Salary of president, abolished, - - 377

STATE RECORDER, Office of, established at Vandalia, - 378

To record deed of conveyance of land, made by non-resi-) 370^9

dents, in his office, $

STOLEN GOODS, Burying or receiving, how punished, - 135

SUN DAY, Writ of attachment may be served on, in certain cases, - 78

Tippling houses not to be kept open on, - - 149

SUPERSEDEAS, To stay sentence of death, - - 166

Writ of error when made — See Practice.

SUPREME COURT, Contents of a record to, - - 319

Stationary for, - - - 218

Complete record, when to be made, - 316

Clerk of, his duty relative to fees, - 316

SUPERINTENDENT, Of the Gallatin county Saline, how appointed, his) 36Q_6

powers, duties, and compensation^ S

SWINDLING. Defined, and punishment for, - .- 1M

406

INDEX-
T.

TAXES— See Revenue,

TAVERN KEEPERS, Not to allow of gaming,

Punishment of, for selling spiritous liquors to apprentices, slaves,
minors, and servants,
TENDER— See Promissory Notes,
THREATENING LETTERS, Punishment for sending,
TREASON, Denned, . .

Misprision of, .

Distinction between petiL and murder abolished,
TREASURER— Of State, his duty— See Revenue,
TURNPIKE ROADS— See Ferries.

USURPATION, Punishment for,

VANDALIA, Perryville judgments received in payment for lots in,
Purchasers of lots in, relieved,

May relinquish lots,
Governor to make deeds for lots in,
VACANCIES, in the office of justice of the peace, how filled,
Sheriff and coroner,
Militia, how filled,
Under the act relative to Saline Reserves,
VAGRANTS, who are, and how punished,
VOTING, Twice at the same election, punished,

Using corrupt means relative to,
VENUE change of, in civil cases,

In criminal cases,
Expenses of, how paid,
VERDICT, What sufficient,

When may be set aside,

What to find, in cases for malicious prosecutions,

PAGE.
150

156

145-6
127
ib.
130

144

284
380
381
381
25G
372
294
359
152
153
153
381
382
383-4
315
316
316

WITNESSES, Cost for only four allowed,

Who may be, in criminal cases,

Compensation of, before commissioners, to take depositions,
Justices of the peace,
Arbitrators,
Negroes and mulattoes not to be, against white persons,
WRIT OF ELECTION, When to issue by the Governor,
WRIT OF ERROR, Abatement of,
Amendment of,

Allowed in cases of attachments,
In criminal cases,

Of course, except in capital cases,
In case of Mandamus,
Costs on, ( •

105

126

176

264

65,

320

372-3

165

167^

287

106

STATE OF ILLINOIS, >
SECRETARY'S OFFICE,) ss*

1, George Forquer, Secretary of State, do certify that the foregoing printed sheets,
are true copies from the enrolled laws deposited in this Office.

In testimony whereof, I have hereunto subscribed my name,
this 27th day of June, 1827.

GEORGE FORQUER.

*■>

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Full text of "The revised code of laws of Illinois : enacted by the fifth General Assembly, at their session held at Vandalia, commencing on the fourth day of December, 1826, and ending the nineteenth of February, 1827 : published in pursuance of law."

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